Nunez-Escudero v. Tice-Menley, 58 F.3d 374
- Docket Number
- 94-1524
- Published
- Yes
- Decision Date
- 1995-06-26
- Name of Court
- United States Court of Appeals
- Opinion by
- Gibson, John R
- Counsel for Petitioner
- Harley Per, Justin
- Counsel for Respondent
- Frederik van Vliet, Willem
- Counsel for Court
- Requesting State
- Mexico
- Requested State
- United States of America
- Procedural History
-
Petitioner/father filed suit seeking return of child to Mexico. The United States District Court for the District of Minnesota denied petition. Petitioner/father appealed.
- Summary of Facts
-
Respondent/mother left Mexico with her son and returned to her parents home in the United States. Petitioner/father filed an action alleging Respondent/mother wrongfully removed their son from Mexico. Respondent/mother alleges that Petitioner/father physically, sexually and verbally abused her. Respondent/mother also alleges she was kept in Mexico against her will by Petitioner/father and father-in-law. Respondent/mother stated she feared for her sons safety. Petitioner/mother stated that her husbands family objected to her nursing her son and Petitioner/father refused to acquire a childs car safety seat. Respondent/mother also stated she saw her father-in-law hit her son with a wooden plunger. On remand, Respondent/mother must present clear and convincing evidence of the childs intolerable living situation or an immediate risk of grave harm for Article 13b to prevail. Both Respondent/mother and Petitioner/father failed to establish the sons habitual residence.
- Defenses Raised
-
Hague Article 3a: The childs habitual residence is not the requesting state Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11601(b), 11603(e), 11605
- Articles Considered (Hague Convention)
- 11, 13(b), 20
- Cases Considered
- Air France v. Saks, 470 U.S. 392 1985; Currier v. Currier, 845 F.Supp. 916 1994; Friedrich v. Friedrich, 983 F.2d 1396 1993; In re Coffield, 96 Ohio App.3d 52 1994; In re Ponath, 829 F.Supp. 363 1993; Nunez-Escudero v. Tice-Menley, 1 D. Minn 000 1994; Rydder v. Rydder, 49 F.3d 369 1995; Tahan v. Duquette, 259 N.J.Super. 328 1992; Thomson v. Thomson, 119 D.L.R. 4th 253 1994
- Judicial Outcome or Order
- Reversed and Remanded
- Posted
- 2006-09-19
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.
