USA – CA – LOCKLEY – 1993

USA – CA – LOCKLEY – 1993 (Return ordered) LOCKLEY v LOCKLEY. The mother took the children to the United States for a visit. The mother refused to return the children at the end of the visit. The court ordered the return to New Zealand, which the court determined to be the habitual residence. The father was represented by Mr. Hilton.


William M. Hilton, CFLSBox 269, Santa Clara, CA 95052
TEL: (408) 246-8511 FAX: (408) 246-0114

J. E. Aeliot Boswell, Esq.
Boswell & Munson, E. Tower, 8th Floor
9100 Wilshire Blvd, Beverly Hills, CA 90212
TEL: (310) 273-3261

Attorneys for David R. Lockley
Special Appearance: 42 U.S.C 11601 et seq.



In the Application of: ) No. BD 099830
David R. Lockley, Petitioner ) ORDER DIRECTING
Dana Lockley and/or Laura D. Robles )
Respondents )

The Convention on the Civil Aspects of
International Child Abduction,
done at the Hague on 25 Oct 1980
International Child Abduction Remedies Act,
42 U.S.C. 11601 et seq

1.1 The matter before the court is a continuation of the
hearing of 15 Jan 1993, the Hon. Irving S. Feffer,
1.2 The following were present in court:
1.2.1 William M. Hilton, Attorney At Law.
1.2.2 J. E. Aeliot Boswell, Attorney At Law.
1.2.3 Roger D. Oglesby, Attorney At Law
1.2.4 Mary Saltzburg, Attorney At Law, of Public Counsel.
1.2.5 Patricia Freeman, Attorney At Law, of Public Counsel.
1.2.6 Laura D. Robles.
1.2.7 Dana Lockley.
1.2.8 David R. Lockley.
2.1 All evidence shall be presented by declaration pursuant to
Reifler v. Superior Court (Cal.App. 2 Dist. 1974) 39
Cal.App.3d 479 [114 Cal.Rptr. 356] and In re Marriage of
Stevenot (Cal.App. 1 Dist. 1984) 154 Cal.App.3d 1051 [202
Cal.Rptr. 116].
2.2 Following an in chambers discussion, the parties were
sworn but did not give oral testimony.
3.1 This matter is before this court pursuant to The
Convention on Civil Aspects of International Child
Abduction, done at the Hague on 25 Oct 1980 (The
Convention) and the International Child Abduction Remedies
Act (ICARA), 42 U.S.C. 11601 et seq.
3.2 David R. Lockley, the Petitioner, has a right of custody
of the four minor children pursuant to 42 U.S.C. 11602(5)
and Arts. 3 and 5 of The Convention.
3.3 The Minor children are:
3.3.1 Nina Ariana Margarita Lockley, dob 29 Jul 1982, age 16
on 29 Jul 1998.
3.3.2 Gabriel Anderson Lockley, dob 19 Mar 1984, age 16 on
29 Jan 2000.
3.3.3 Curtis David Lockley, dob 29 Jan 1986, age 16 on 29
Jan 2002.
3.3.4 Iris Olivia Dawn Lockley, dob 23 Aug 1989, age 16 on
23 Aug 2005.
3.4 The court makes its decision under the applicable law,
Art. 12 of The Convention.
3.4.1 The Convention is implemented in the United States
under 42 U.S.C. 11601 et seq. The United States
became a contracting state to The Convention on 01
Jul 1988.
3.5 The court has read all of the documents submitted by the
parties and makes the following findings of fact:
3.5.1 The four minor children were born in New Zealand.
3.5.2 The four minor children are the products of the
marriage of David R. Lockley and Dana Lockley.
3.5.3 The children were resident in New Zealand from their
birth until about 24 Dec 1991 when they left New
Zealand for a visit to the United States with Dana
3.5.4 Dana Lockley has refused to return the children to New
Zealand at the end of their visit to the United States
on or about 01 Jul 1992.
3.5.5 The Court has read and considered the alleged comments
of Gabriel Anderson Lockley. The court finds that
Gabriel is of sufficient age to testify and that he
has apparently indicated that he would prefer to stay
in the United States because he enjoys his school and
he wants to continue his friendship with his cousin
and his best friend. However the court determines
that his wishes do not convince the court that an
exception to the return of the child under Art. 12 has
been made out.
3.6 The Court finds that the pre-requisites under The
Convention have been shown.
3.6.1 Each of the minor children is under the age of 16.
3.6.2 The children have been wrongfully retained in the
United States which is a Contracting State.
3.6.3 The Habitual Residence of the children was and is New
Zealand, a Contracting State.
3.6.4 The retention of the children in the United States was
in derogation of David R. Lockley’s rights of custody
under New Zealand law within the meaning of Art. 3 of
The Convention.
3.7 The children are to be returned to their Habitual
Residence of New Zealand in the care of their father David
R. Lockley.
3.8 There shall be a private good bye meeting between and
among the children, Dana Lockley and Laura Robles.
3.8.1 The meeting shall take place at the office of Boswell
and Munson at 9100 Wilshire Blvd., East Tower, 8th
Floor,Beverly Hills, CA 90212 from 17:00 to 17:30.
3.8.2 There will be no news media in the private goodbye
3.9 All of the children’s clothing and personal effects shall
be turned over to David Lockley at 17:00 on 27 Jan 1993 at
the Office of Boswell and Munson at the address shown in
3.10 David R. Lockley is to cause to be paid $25.00 to Dana
Lockley for the purchase of a duffle bag in which to
deliver some of the children’s items to David R. Lockley.
3.11 The California Guardianship proceeding, Superior Court of
Califonria, County of Los Angles, No. BP 019633, is
vacated permanently.
3.12 Since it appears that neither Dana Lockley nor Laura
Robles have sufficient financial resources, the court
orders that each party is to pay their own attorney fees
and costs.
4.1 The court orders, pursuant to the provisions of The
Convention and/or the International Child Abduction
Remedies Act, 42 U.S.C. 11601 et seq., that the minors,
Nina Ariana Margarita Lockley, dob 29 Jul 1982, Gabriel
Anderson Lockley, dob 19 Mar 1984, Curtis David Lockley,
dob 29 Jan 1986 and Iris Olivia Dawn Lockley, dob 23 Aug
1989 be returned with their father, David R. Lockley to
the sovereign nation of New Zealand and to report the
delivery of the children to the appropriate Central
Authority in New Zealand.
4.1.1 By virtue of this order, David R. Lockley has the
exclusive right to the physical and legal custody of
the four (4) minor children during the period of time
required to return the above-named minors to New
Zealand, the country of the minors habitual residence.
4.2 This order is not a determination of the merits of any
custody issues within the meaning of Article 19 of The
4.3 The order of this court is made under the authority of 42
U.S.C. 11603(a), conferring upon this court original and
concurrent jurisdiction with federal district courts of
You are hereby commanded to enforce the instant order
allowing David R. Lockley to remove the above-named minors
from the United States of America, and to allow David R.
Lockley to accompany them to the country of New Zealand
giving said David R. Lockley the right, without
interference, to have said children in his lawful custody
for the purposes described herein.
4.4 This order, made on 27 Jan 1993, is effective forthwith
and shall continue in force and effect until modified or
canceled by a court of competent jurisdiction in New

Dated: 01 Feb 1993
/s/ Irving S. Feffer
Hon. Irving S. Feffer
Judge of the Superior Court
State of California
United States of America.