The Hague Domestic Violence Project - The Hague Domestic Violence Project—In re Leslie, 377 F. Supp. 2d 1232 (S.D. Fla. 2005)

In re Leslie, 377 F. Supp. 2d 1232 (S.D. Fla. 2005)

Docket Number: 05-80263-CIV
Published: Yes
Decision Date: 2005-06-30
Name of Court: United States District Court for the Southern District of Florida
Opinion by: Hurley, Daniel T.K
Counsel for Petitioner: Katz, Lawrence S
Counsel for Respondent: Remy, Michael A
Counsel for Court
Requesting State: United States of America
Requested State: United States of America
Procedural History: Petitioner/Father sought order from this court seeking return of the child to Belize. On June 2, 2005, Magistrate Judge Linnca R. Johnson issued a report and recommendation, recommending that the petition be granted. No other objections have been filed..
Summary of Facts: Petitioner/Father and Respondent/Mother were never married, but had an intimate relationship, with a joint living arrangement between 1999 through late December of 2003. Child was born on August 25, 2000, in Belize. Respondent/Mother and Child lived with Petitioner/Father in Belize City until Respondent/Mother and Petitioner/Father separated on December 26, 2003. At this time, Respondent/Mother and Child moved to the house of Respondent/Mothers parents, about ninety miles from Belize City. Petitioner/Father spent substantial amounts of time with Child after the separation, with Respondent/Mothers parents initially providing Petitioner/Father with a bedroom in the home for his use. Petitioner/Father also supported Child financially, persevered in maintaining a close relationship with Child, made decisions regarding Childs well being, and otherwise demonstrated his desire to be involved with all aspects of Childs life. Respondent/Mother left Belize with Child April 29, 2004, arriving in the United States on April 30, 2004. Sometime after Respondent/Mother left Belize with Child, the Supreme Court of Belize awarded legal custody of Child to Petitioner/Father. While custody proceedings were pending in the Belizean Courts, the Belize Family Court entered an order sentencing Respondent/Mother to three months imprisonment for failure to comply with visitation schedules set by the court.
Defenses Raised: Hague Article 13a: Acquiescence or consent to the removal of the child by the requesting party
Statutes Considered (ICARA): 11601, 11603, 11607
Articles Considered (Hague Convention): 1, 5, 12, 13, 19, 20
Cases Considered: Ahumada Cabrera v. Lozano, 323 F.Supp.2d 1303 (S.D. Fla. 2004); Bekier v. Bekier, 248 F.3d 1051 (11th Cir. 2001); Bocquet v. Ouzid, 225 F.Supp.2d 1337 (S.D. Fla. 2002); Friedrich v. Friedrich, 78 F.3d 1060 (6th Cir. 1996); Gil v. Rodriguez, 184 F.Supp.2d 1221 (M.D. Fla. 2002); Lalo v. Malca, 318 F.Supp. 1152 (S.D. Fla. 2004). ; LoConte v. Dugger, 847 F.2d 745 (11th Cir. 1988).; Lops v. Lops, 140 F.3d 927 (11th Cir. 1998); Mendez Lynch v. Mendez Lynch , 220 F.Supp.2d 1347 (M.D. Fla. 2002); Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001); Pesin v. Osorio Rodriguez , 77 F.Supp.2d 1277 (S.D. Fla. 1999); Ruiz v. Tenorio, 392 F.3d 1247 (11th Cir. 2004); Resloution Trust Corp. v. Hallmark Builders, 996 F.2d 1144 (11th Cir. 1993)
Judicial Outcome or Order: Return Ordered
Posted: 2006-09-21

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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.