Journe v. Journe, 911 F.Supp. 43 (D.P.R. 1995)
- Docket Number
- CIVIL NO. 95-1729 (SEC)
- Published
- Yes
- Decision Date
- 1995-11-29
- Name of Court
- United States District Court for the District of Puerto Rico
- Opinion by
- Casellsa, Salvador E
- Counsel for Petitioner
- Acevedo, Juan
- Counsel for Respondent
- Moraza-Choisne, Manuel R
- Counsel for Court
- Requesting State
- France
- Requested State
- United States of America
- Procedural History
-
Petitioner/father filed suit seeking return of his children to France.
- Summary of Facts
-
Petitioner/father and Respondent/mother were married in France and had three children, all of whom are French citizens. Respondent mother was abused physically and emotionally during the course of the marriage. The couple agreed to separate. Petitioner/father filed for divorce and custody of the children. Soon after he took the children on a trip and deliberately withheld the childrens whereabouts from Respondent/mother. After the children returned, Respondent/mother left France and took her three children to Puerto Rico. After the trial proceedings began, Petitioner/father wrote a letter to the judge requesting voluntary dismissal of the complaint for divorce alleging that he had reconciled with Respondent/mother. Respondent/mother denied this allegation and argued that Petitioner/fathers voluntary dismissal of the divorce action acted as a waiver of his rights to have custody. The court agreed.
- Defenses Raised
-
Hague Article 12: Child had become well-settled in the new environment
Hague Article 13(b): Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11601, 11603(a), 11603(b), 11603(e), 11604(a)
- Articles Considered (Hague Convention)
- 3, 13(b), 19, 20
- Cases Considered
- Bechtel v. Liberty National Bank, 534 F.2d 1335 (9th Cir. 1976).; Buffum v. Chase National Bank of City of New York, 192 F.2d 58 (7th Cir. 1951).; Currier v. Currier, 845 F.Supp. 916 (D.N.H. 1994).; Irons v. F.B.I., 811 F.2d 681 (1st Cir. 1987).; In re Prevot, 59 F.3d 556 (6th Cir. 1995).; Matter of Garfinkle, 672 F.2d 1340 (11th Cir. 1982).
- Judicial Outcome or Order
- Dismissed
- Posted
- 2006-09-14
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.
