Mendez Lynch v. Mendez Lynch , 220 F. Supp. 2d 1347 (M.D. Fla. 2002)
- Docket Number
- 2:01-CV-371FTM29DNF
- Published
- Yes
- Decision Date
- 2002-08-13
- Name of Court
- United States District Court for the Middle District of Florida, Fort Myers Division
- Opinion by
- Steele, John E
- Counsel for Petitioner
- Holz, Rana
- Counsel for Respondent
- Lee, Patricia M
- Counsel for Court
- Requesting State
- Argentina
- Requested State
- United States of America
- Procedural History
-
On May 31, 2000, the Petitioner/father filed a petition with the Central Authority in Argentina to implement Hague Convention proceedings. In May 2000, the Respondent/mother filed for injunctive protective order and a UCCJA affidavit. On June 27, 2000, the U.S. Department of State advised the Respondent/mother of the pending Hague Convention proceeding and advised her to return her children to Argentina in order to avoid a legal action. In November 2000, the Respondent/mother filed for divorce in the United States. In December 2000, the Petitioner/father traveled to the United States and was served with the domestic violence petition and temporary injunction. After the Petitioner/father returned to Argentina, a Final Judgment of Injunction for Protection Against Domestic Violence was ordered January 2001. The divorce was completed in May 2001 giving the Respondent/mother sole and primary responsibility without prejudice to the Petitioner/father's rights under the Hague Convention. The Hague Convention petition was filed in Federal Court in June 2001, and the district court judge deferred all substantive matters relating to custody until after The Hague Convention petition filed in federal court was determined.
- Summary of Facts
-
The Petitioner/father and the Respondent/mother were married in the U.S. in 1988, and in 1991 they permanently made Province of Buenos, Argentina their home. Two children were born in Argentina during the marriage. After the birth of each son, the Petitioner/father executed a legal document granting permission for the Respondent/mother to travel outside of Argentina without his presence or the necessity of further permission. The Petitioner/father was separated from the Respondent/mother from February 1996 to January 1997, and again in November 1999. The Respondent/mother testified to incidents of physical and emotional abuse by the Petitioner/father that led to their initial separation, including the placement of "his hands around her neck, pushed and 'smacked' her, and threw things at her." In January 2000, the Respondent/mother left Argentina, without notifying the Petitioner/father, who was on vacation in India. The Respondent/mother did not initially reveal her whereabouts to the Petitioner/father, but later informed the Petitioner/father that she was in Fort Meyers, Florida. The Respondent/mother lived in several locations during her time in Florida including the homes of several church members, a shelter for abused women, and several houses in the Fort Meyers area. The parties exchanged emails over the course of several months during that time.
- Defenses Raised
-
Hague Article 3a: The child's habitual residence is not the requesting state
Hague Article 4: A child has reached the age of maturity, 16 years old, and the Convention no longer applies
Hague Article 12: Child had become "well-settled" in the new environment
Hague Article 12: Waiver and/or 1 year had elapsed since the child had been removed from the petitioning state
Hague Article 13a: Acquiescence or consent to the removal of the child by the requesting party
Hague Article 13a: The requesting party was not exercising custodial rights at the time of the child's removal
Hague Article 20: Return of the child would violate principles of human rights and fundamental freedoms
- Statutes Considered (ICARA)
- 11601(a)(4), 11601(e)(1)(A), 11601(e)(2)(A), 11601(e)(2)(B), 11603(e)(2)(A), 11603(e)(2)(B)
- Articles Considered (Hague Convention)
- 1(a), 1(b), 3, 4, 12, 13(a), 13(b), 20
- Cases Considered
- Bekier v. Bekier, 248 F.3d 1051 (11th Cir. 2001)
- Judicial Outcome or Order
- Return Ordered
- Posted
- 2004-11-05
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.
