Renovales v. Roosa, 1991 WL 204483 (Conn.Super Ct. 1991)
- Docket Number
- FA 91 0392232
- Published
- No
- Decision Date
- 1991-09-27
- Name of Court
- Superior Court of Connecticut,Judicial District of Hardford-New Britain at Hartford
- Opinion by
- Norko, Raymond R.
- Counsel for Petitioner
- Counsel for Respondent
- Counsel for Court
- Requesting State
- Spain
- Requested State
- United States of America
- Procedural History
-
On March 25, 1991, the Petitioner/father filed a Hague petition for the return of two minor children removed from their home in Cordoba, Spain, and wrongfully retained in the U.S. by the Respondent/mother.
- Summary of Facts
-
The Petitioner/father and the Respondent/mother were married in Cordoba, Spain in June 1979. They have two children who were born in 1982 and 1986. The family resided together in Cordoba, Spain until the summer of 1990. During summers, the Respondent/mother, an American citizen, traveled with the children to Granby, Connecticut to visit her mother and stepfather. On occasion the Petitioner/father went as well. In June 1990, the Respondent/mother and children traveled to Connecticut. in August 1990, a week before their scheduled return to Spain, the Respondent/mother telephoned the Petitioner/father that they would not be returning to Spain. On August 2, 1990, the Respondent/mother applied for a motion for a temporary restraining order in Connecticut, which was granted ex parte. On September 7, 1990, the Respondent/mother filed a dissolution complaint, along with Pendente Lite motions. The Respondent/mother was granted custody and child support. The Petitioner/father then commenced an action in Spain seeking custody of the two children, exclusive use of the marital home, visitation, child support, legal separation, and divorce. On May 8, 1991, the Spanish court granted temporary custody to the Petitioner/father with visitation rights for the Respondent/mother. At trial, both sides produced well-qualified psychologists. The Respondent/mother alleged that the Petitioner/father was physically abusive to oldest child and likely treated the younger child the same way. The Respondent/mother also alleges that the Petitioner/father was obsessed with making the older child eat excessively to the point that the child developed a vomiting reaction and nightmares.
- Defenses Raised
-
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11601
- Articles Considered (Hague Convention)
- 3(b), 8, 9, 12, 13(b), 26
- Cases Considered
- Shaffer v. Lindy, 8 Conn.App. 96 (1986)
- Judicial Outcome or Order
- Return Ordered
- Posted
- 2005-10-14
Why this Project?
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.
