USA – FEDERAL – MORENO – 1996 MORENO v MAHDI. The father took the child to the United States. The mother applies for return under the Hague Convention. The father does not object to the return and appeared Pro se. The court ordered the return to Panama.
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Moreno v Mahdi (ED Virginia 1996)Civil Action No 96-19-A
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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
FILED
29 Mar 1996
Petitioner: Aida Ramos Moreno Civil Action
No 96-19-A
v.
Respondent: Stanley Abdalrafi Mahdi
ORDER
The Court has reviewed petitioner’s Petition for Return of Child
to the Petitioner. The petition is filed pursuant to the
Convention on the Civil Aspects of International Child Abduction,
signed at the Hague on 25 October 1980, and also pursuant to the
International Child Abduction Remedies Act, 42 U.S.C. 11601 et
seq.
Petitioner asserts that the child was in the habitual residence of
Panama prior to his removal from that country, that the removal
and retention of the child was “wrongful” within the meaning of
the convention, and that the child is currently residing with
respondent within the Eastern District of Virginia. Petitioner
alleges that the child was born on July 2, 1994, was taken by
respondent from Panama on March 20, 1995, and has not been
returned despite repeated requests from the petitioner.
The Court finds petitioner’s assertions to be true and accurate.
Respondent appeared in Court and did not contest the accuracy of
these facts, nor did he provide any articulate reason for
objecting to petitioner request. Respondent similarly failed to
argue that return of the child should be blocked by any of the
exception clauses listed in 42 U.S.C. 11603.
We further find that respondent was served with copies of the
pleadings and filings in this case, and that he is of sufficient
education to recognize the import of those pleadings. While
respondent appeared Pro se, he had been provided ample time to
retain counsel and had in fact consulted a lawyer prior to
argument.
The Court holds that this Order in no way constitutes a ruling on
custody of the child or matters related to final custody within
the meaning of Article 19 of the Convention.
For these reasons, it is hereby
ORDERED that, pursuant to The Convention on the Civil Aspects of
International Child Abduction and/or the International Child
Abduction Remedies Act, 42 U.S.C. 11601 et seq., that the
minor, RASHID MAHDI RAMOS be returned to the company of this
mother, AIDA RAMOS MORENO by 3:00 PM on Friday, March 29, 1996 at
the U.S. District Courthouse for the Eastern District of Virginia
(Alexandria Division), 401 Courthouse Square, Alexandria, VA,
22314-5799, and it is further
ORDERED that respondent at that time produce the child’s passport
as well as the “military identification card” originally issued to
petitioner on behalf of the child and at the respondent’s request,
and it is further
ORDERED that respondent reimburse petitioner, through her counsel,
for $1,386 84 of expenses and $1000.00 in attorneys fees arising
directly from this matter. Respondent shall be given six months to
pay the total of S2,386.84, with good faith monthly payments to
commence on May 1, 1996.
The Clerk is directed to forward copies of this Order to counsel
of record and to respondent at 4776 Kelly Road, Dale City,
Virginia 22193.
Entered this 29th day of March, 1996.
/s/ Leonie M. Brinkema
_______________________________
Leonie M. Brinkema
United States District Judge
Alexandria, Virginia