CASE

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Case Name

Gomez v. Fuenmayor, No. 15–12075, 05 February 2016

INCADAT reference

HC/E/US 1407

Court

Country

UNITED STATES OF AMERICA

Name

United States Court of Appeals, Eleventh Circuit.

Level

Appellate Court

Judge(s)

MARCUS, JORDAN, and BLACK, Circuit Judges

States involved

Requesting State

VENEZUELA

Requested State

UNITED STATES OF AMERICA

Decision

Date

5 February 2016

Status

Final

Grounds

-

Order

Appeal dismissed, return refused

HC article(s) Considered

13(1)(b)

HC article(s) Relied Upon

13(1)(b)

Other provisions

-

Authorities | Cases referred to

-

Published in

-

SYNOPSIS

Synopsis available in EN

One child wrongfully removed – National of Venezuela – Unmarried parents– Father national of Venezuela – Mother national of Venezuela – Father awarded primary custody which was revoked when he left for the USA. Mother granted supervised visits – Child lived in Venezuela until February 2014 – Application for return filed with the court of the USA on 15 December 2014 – Return refused – Main issue(s): Article 13(1)(b) – sufficiently serious threats and violence directed against a child’s parent can pose a grave risk of harm to the child as well.

SUMMARY

No summary available