Houston, TX
Family Lawyer at Houston, TX
Practice Areas: Family, Divorce & Separation ... +3 more
OUTCOME: Petitioner's application for return of child under the Hague Convention was granted and the child returned to Mexico with her mother. Attorney fees were granted and the parties entered into an agreement for payment of same.
After the Respondent wrongfully removed the child from Chihuahua, Mexico to Midland, Texas, Petitioner filed her Application for Return of Child under the Hague Convention.
OUTCOME: Petitioner's Application for Return of Child under the Hague Convention was Granted
Because the outcome of Mexican court proceedsings proved unfavorable to the respondent, he abducted the child from his school on October 11, 2012 in a dramatic act caught on video tape. Afterwards, the ... respondent crossed the border from Mexico into the United States, without permission from the petitioner, giving rise to the Amber alert that was issued by the Mexican officials. The Court found that petitioner satisfied all three elements of a prima facie case by a preponderance of the evidence and that the respondent has failed to establish his claimed defense by clear and convincing evidence. The Court found that Mexico was the child's habitual residence. The Court held that the respondent's removal of the child to the United States was a breach of the petitioner's "rights of custody" under both the laws of Mexico and Texas. The Court was also of the opinion that, under the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), the 410th District Court of Montgomery County, Texas, that granted rights of custody to the petitioner and the respondent, lost "exclusive continuing jurisdiction" when, pursuant to its own order, the parents not only moved to Mexico with the child, but established Mexico as the child's residence. Even assuming that Texas did not lose jurisdiction over the parties, at the very least, Mexico had concurrent jurisdiction because all the parties, including the child, resided in Mexico. Mexican courts affirmatively determined that they had jurisdiction over the parties. Moreover, even assuming arguendo that the Texas court retained continuing and exclusive jurisdiction over the parties, the petitioner would still have rights of custody under the October 21, 2011, order which granted the parties joint parental rights. While subsequent orders from January and February of 2012 purportedly modified the October 21, 2011, amended final order, this Court is of the opinion that those orders were entered in violation of the Due Process clause of the federal Constitution and the Hague Convention on service of process. Under the Hague Service Convention, signed by both Mexico and the United States, a Mexican national, like the petitioner, can be served with a foreign proceeding in Mexico only through the Central Authority of Mexico. See Hague Service Convention, arts. 2-5; Here, there was no evidence in the record that the respondent served the suits that resulted in the Texas orders modifying parental rights in accordance with the Hague Service Convention. Therefore, those orders were void. Since the Texas state court order designated Mexico as the child's residence, and specifically required that the child not travel outside of Mexico without consent of the parents, the respondent breached the petitioner's rights of custody under Texas law and, also under Mexican law, when he removed the child to the United States, admittedly, without the petitioner's permission. Finally, the Court concluded that the petitioner has established by a preponderance of the evidence that she was exercising her rights of custody prior to the child's removal from Mexico. The Fifth Circuit has noted that it is "relatively easy" to show that a petitioner was exercising her rights of custody, either jointly or alone, or would have exercised them but for the removal or retention. The evidence established that the petitioner, as the primary custodian of the child in Mexico, regularly exercised her rights of custody, including, inter alia, taking the child to school and providing for his welfare.
OUTCOME: Petitioner's Petitioner for Return of the Children under the Hague Convention was Granted and the children were returned to Mexico.
Petitioner, Leandro Ampudia Rovirosa ("Ampudia"), brought this action1 against Respondent, Michelle Vieth Paetau ("Vieth") pursuant to the Hague Convention on the Civil Aspects of Child Abduction Remed ... ies Act [hereinafter "Hague Convention"], 42 U.S.C. § 11601-11611, seeking the return of his son, L.A.V., and daughter, M.A.V., to Mexico from the United States. The case was tried to the court on December 3, 4, and 5, 2012.
OUTCOME: The ruling of the trial court was affirmed
In this divorce appeal, Fardad Aduli argues that the trial court erred in denying his special appearance and abused its discretion in permitting his counsel to withdraw on the day of trial; denying his ... motions for a continuance and a new trial on the basis that he had been forced to leave the country; and adopting his wife's proposed division of the marital estate without sufficient evidence.
OUTCOME: Petitioner's Application for Return of Child was Granted and the child was returned to Venezuela with her mother. The court later awarded applicant $39,078 in attorney fees and costs.
After her daughter was wrongfully retained during summer visitation in Texas, Petitioner filed an Application for Return of Child under the Hague Convention.
OUTCOME: Hague Application for Return of Child Granted
Successfully petitioned for the return of a young boy to his habitual residence in Sweden. Fuentes abducted her son from Sweden during a vacation to the United States, where she hid the child from his ... father for months. After a diligent search, Laura Dale finally located Fuentes and the child in Illinois. Fuentes attempted to defend the abduction by claiming that Norinder was a physically abusive alcoholic and that she never consented to making Sweden the habitual residence of the child. During several days of hearings and testimony, Laura disproved Fuentes' allegations and the court ordered that the child return to Sweden. The court also ordered Fuentes to pay $150,570 in attorney's fees. This is the largest award of attorney's fees granted by the United States courts in a Hague case. Fuentes subsequently appealed the decision to the 7th Circuit Court of Appeals in Chicago, where Laura Dale again successfully argued for the return of the child and award of attorney's fees. The case presented an important issue of first impression for the 7th Circuit – the ability of the lower courts to limit or deny pretrial discovery in time-sensitive Hague cases. After oral arguments, the Court of Appeals upheld both the return of the child and award of $150,570 in attorney's fees.
OUTCOME: The Texas state court order was over turned for defective service. Despite this outcome in Texas the objective of returning the child to Greece was met.
After respoondent (Mother) abducted child from Greece, Petitioner filed an Application for Return of Child under the Hague Convention. The application was granted by a Texas state court, however the ch ... ild was later found in Maryland and the federal court in Maryland granted a subsequent return order for the child. The Texas state order was later over turned for defective service. Despite this outcome in Texas the objective of returning the child to Greece was met.
OUTCOME:
OUTCOME: Petitioner's Application for Return of Child under the Hague Convention
After Father wrongfully retained his daughter during a period of summer visitation, Mother filed her Application for Return of Child under the Hague Convention. Child had been residing in Holland for s ... everal years with her mother pursuant to a Texas custody order.
OUTCOME: