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Media Alerts - Garcia v. Fuenmayor-11th Circuit
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February 29, 2016
  Garcia v. Fuenmayor-11th Circuit
Headline: Eleventh Circuit holds serious threats to parent can constitute a grave risk of harm to the child and provide exception to return of child under the Hague Convention on the Civil Aspects of International Child Abduction ("Convention").

Area of Law: International Law; Children

Issue: Whether threats and violence directed against a parent satisfies the "grave risk of harm" exception to the return remedy of the Convention.

Extended Summary: Hayet Naser Gomez ("Naser"), the mother of M.N., petitioned under the Convention for return of M.N. when the child's father, Alfredo Jose Salvi Fuenmayor ("Salvi") wrongfully removed M.N. from Venezuela. The district court denied the petition, finding that the acts of violence towards Salvi presented evidence that there was a grave risk that the child's return would expose M.N. to physical or psychological harm. As such, it satisfied the grave risk of harm exception to the Convention.

The Eleventh Circuit noted that the district court's factual findings showed that Salvi's family was shot at, had property vandalized and that drugs were planted in Salvi's mother's car. Naser did not contest the district court's findings of fact. In affirming the district court, the Eleventh Circuit found that the facts in this case showed sufficiently serious threats and violence against a parent which posed a grave risk of harm to the child. Accordingly, the court determined the grave risk of harm exception to the return remedy of the Convention was present and that M.N. would not be required to return to Venezuela.
To view the full opinion click here:

Panel: Marcus, Jordan, and Black, Circuit Judges

Argument: January 12, 2016

Date of Issued Opinion: February 5, 2016

Docket Number: 15-12075

Decided: Affirmed

Case Alert Author: Matthew Carcano, Kevin Coppin, Oscar Quintero, Kielan Saborit

Counsel: Paul Morris, et al. for Appellant
Brett Alan Barfield, et al. for Appellee

Author of Opinion: Circuit Judge Stanley Marcus

    Posted By: Gary Kravitz @ 02/29/2016 01:17 PM     11th Circuit  

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