Gil v. Rodriguez, 184 F. Supp. 2d 1221 (M.D. Fla. 2002)
- Docket Number
- 6:02-cv-8-Orl-18KRS
- Published
- Yes
- Decision Date
- 2002-01-22
- Name of Court
- United States District Court, M.D. Florida, Orlando Division
- Opinion by
- Presnesll, District Judge
- Counsel for Petitioner
- Cullen, Stephen J.; Stecco, Carlos ; Burke, Thomas
- Counsel for Respondent
- Rodriguez, Hernan C.
- Counsel for Court
- Requesting State
- Venezuela
- Requested State
- United States of America
- Procedural History
-
Petitioner/Father filed petition on January 7, 2002 for the return of Child after Respondent/Mother left Venezuela with partys daughter. On January 16, 2002, the Court held an evidentiary hearing on this matter.
- Summary of Facts
-
Petitioner/Father alleged that Respondent/Mother wrongfully removed their daughter from Venezuela. The parents were never married, but have both been involved in her upbringing. After Respondent/Mother took Child to school, Petitioner/Father noticed many of their belongings missing, and soon learned that the two had flown to Florida. Respondent/Mother contacted Petitioner/Father and invited him to Florida, where he was served with a Temporary Injunction for Protection against Domestic Violence filed by Respondent/Mother. The Circuit Court dismissed for want of jurisdiction and father then returned to Venezuela. Petitioner/Father initiated proceedings in Venezuela to define his custodial rights, but the court dismissed the proceedings saying he did not possess custody rights over the Child. However, the Venezuelan Court of Appeals reversed.
- Defenses Raised
-
Hague Article 13a: The requesting party was not exercising custodial rights at the time of the childs removal (child under seven years exclusively in mothers custody). Respondent did not invoke any of the exceptions to Hague Convention or ICARA.
- Statutes Considered (ICARA)
- 11601(a), 11601(b), 11603(a), 11603(e)
- Articles Considered (Hague Convention)
- 1(a), 1(b), 1(b)
- Cases Considered
- Lops v. Lops, 140 F.3d 927 1998
- Judicial Outcome or Order
- Return Ordered
- Posted
- 2006-09-14
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We are a team of individuals from various professional backgrounds who are dedicated to creating a comprehensive resource that will enable mothers, domestic violence advocates, attorneys and judges to better prepare themselves for Hague Convention cases in the United States' legal system.
