Rodriguez v. Rodriguez, 33 F.Supp.2d 456 (D.MD.1999).
- Docket Number
- Civ.A. WMN-98-3946
- Published
- Yes
- Decision Date
- 1999-01-26
- Name of Court
- United States District Court, District of Maryland
- Opinion by
- Nickerson, William M
- Counsel for Petitioner
- Cullen, Stephen J
- Counsel for Respondent
- Angelari, Marguerite
- Counsel for Court
- Requesting State
- Venezuela
- Requested State
- United States of America
- Procedural History
-
: Petitioner/Father filed suit seeking return of children to Venezuela. The court issued a Warrant in Lieu of Writ of Habeas Corpus as to Respondent/Mother and prohibited her from removing the children from the jurisdiction. Respondent/Mother surrendered her and the childrens travel documents. A hearing on the merits of the Petition was scheduled for January 4, 1999 and continued on January 13, 1999.
- Summary of Facts
-
The eldest son testified that the Petitioner/Father physically assaulted him about twice a month and called him bad words on a daily basis. The first described beating occurred when Son was told thrice to leave a friends house. When Son arrived home, Petitioner/Father struck Son with a one inch belt on the legs, back, and buttocks leaving welts and bruises. The injuries were severe enough that Son missed a week of school. On one occasion, Petitioner/Father kicked and punched Jorge as they were leaving Sons school. Several people witnessed this incident. Respondent/Mother testified that Petitioner/Father would demean her by telling Jorge that Respondent/Mother slept with other men and that she had killed Sons brother. Petitioner/Father would hit Respondent/Mother once or twice a month. Petitioner/Father would also choke Respondent/Mother and put a pillow over her face, strike her and stomp on her. Petitioner/Father once pushed Respondent/Mother down the stairs when she was pregnant. Respondent/Mother went to three or four different police stations to seek help but was told that the police would not become involved in a domestic dispute. Respondent/Mother took the three children and traveled to the United States. The eldest two children enrolled in public schools. The Petitioner/Father unequivocally denied ever having hit Son. The court felt Petitioner/Father was evasive, argumentative, and self-contradictory. The court found his testimony not credible.
- Defenses Raised
-
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country.
Hague Article 13b: The court should find that the child has attained an age and degree of maturity at which it is appropriate to take into account the childs views, and the child objects to return to the requesting state.
- Statutes Considered (ICARA)
- 11601(a), 11603(e), 11601
- Articles Considered (Hague Convention)
- 3, 12, 13, 13(a), 13(b), 20
- Cases Considered
- Blondin v. Dubois, 19 F.Supp.2d 123 (S.D.N.Y.1998). ; Friedrich v. Friedrich , 78 F.3d 1060 6th Cir.1996).
- Judicial Outcome or Order
- Return Order Denied
- Posted
- 2006-09-08
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