Hemard v. Hemard, 1995 LEXIS 21465 (N.D. Tex. 1995)
- Docket Number
- 7-94CV-110-X
- Published
- No
- Decision Date
- 1995-02-15
- Name of Court
- United States District Court for the Northern District of Texas, Wichita Falls Division
- Opinion by
- Kendall, Joe
- Counsel for Petitioner
- Schenk, Cyndi
- Counsel for Respondent
- Martin, Bruce A.
- Counsel for Court
- Requesting State
- France
- Requested State
- United States of America
- Procedural History
-
On October 15, 1993, the Petitioner/father filed for a divorce from the Respondent/mother after a separation occurred in August 1993. In November 1993, the Petitioner/father filed a complaint against the mother for kidnapping. On June 7, 1994, the divorce was granted in France, where the Petitioner/father received sole custody of the child. On September 23, 1994, the Respondent/mother filed for custody in Texas state court. In November 1994, Petitioner/father filed this Hague Convention petition seeking the return of the child.
- Summary of Facts
-
The Petitioner/father and the Respondent/mother are French citizens who had a child while living in France in 1985. On August 1, 1993, the Respondent/mother separated from teh Petitioner/father and left the child in his custody. She did not exercise visitation during the month of August. From September 1993 through October 1993, she visited the child on Wednesdays and weekends. The Petitioner/father cared for and had custody of the child from August 1, 1993 through October 15, 1993. The Petitioner/father filed for a divorce from Respondent/mother on October 15, 1993 and claimed adultery, abandonment, and sought sole custody of the child. The same day, the Respondent/mother picked up the child from school and left France. She moved to Texas without the consent or knowledge of the Petitioner/father. She concealed the location of the child until September 23, 1994 when she filed for custody in a Texas state court. The Respondent/mother informed the child that the Petitioner/father was not her real father and sought counseling for the alleged sexual abuse of the child by the Petitioner/father. Court found insufficient evidence of sexual abuse by the Petitioner/father.
- Defenses Raised
-
Hague Article 3a: The child's habitual residence is not the requesting state
Hague Article 12: Waiver and/or 1 year had elapsed since the child had been removed from the petitioning state
Hague Article 13a: The requesting party was not exercising custodial rights at the time of the child's removal
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
Hague Article 20: Return of the child would violate principles of human rights and fundamental freedoms
- Statutes Considered (ICARA)
- Articles Considered (Hague Convention)
- Cases Considered
- Judicial Outcome or Order
- Return Ordered
- Posted
- 2004-12-07
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.
