Zarate v. Perez, No. 96 C 50394, 1996 WL 734613 (N.D. Ill. Dec. 23, 1996)
- Docket Number
- 96 C 50394
- Published
- No
- Decision Date
- 1996-12-23
- Name of Court
- United States District Court for the Northern District of Illinois, Western Division
- Opinion by
- Reinhard, Philip G
- Counsel for Petitioner
- Shriver, Donald L; O'Neill, Joyce A
- Counsel for Respondent
- Dittmar, Ann M
- Counsel for Court
- Requesting State
- Mexico
- Requested State
- United States of America
- Procedural History
-
On December 23, 1996 Petitioner/father filed a Hague Convention petition seeking the return of his child to Mexico from the United States.
- Summary of Facts
-
Respondent/mother took the child to the United States with Petitioner/fathers permission. Petitioner/father had legal custody of the eight year old and filed for return of the child after the respondent/mother refused to return with the child. Respondent/mother claimed that the petitioner/father was physically abusive with her when he drank too much. She also testified that while she was living with him in Mexico, petitioner/father had sexually abused her son from a previous relationship. The court found that respondent/mother had failed to prove by a preponderance of the evidence any of the defenses she raised: that the sexual abuse allegation was without merit, the childs habitual place of residence was Mexico, the petitioner/fathers commencement of proceedings was timely, and petitioner/father had not acquiesced to the retention of the child in the United States.
- Defenses Raised
-
Father did not have custody. Hague Article 3a: The childs habitual residence is not the requesting state. Hague Article 12: Waiver and/or 1 year had elapsed since the child had been removed from the petitioning state. Hague Article 13: The child objects to removal. Hague Article 13a: Acquiescence or consent to the removal of the child by the requesting party, the requesting party was not exercising custodial rights at the time of the childs removal Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country.
- Statutes Considered (ICARA)
- 11601, 11603(f)(3), 11603(e)(1)(A), 11605
- Articles Considered (Hague Convention)
- 3(a), 12, 13(a), 13(b)
- Cases Considered
- Friedrich v. Friedrich, 78 F.3d 1060 1996; Rydder v. Rydder, 49 F.3d 369 1995
- Judicial Outcome or Order
- Return Ordered
- 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.
