HC/E/US 1343
Estados Unidos de América - Competencia Federal
Tribunal de Apelaciones del Séptimo Circuito
Tribunal de Apelaciones
Easterbrook, Ripple, Reagan
México
Estados Unidos de América
15 June 2015
Desconocido
Grave riesgo - art. 13(1)(b)
Apelación desestimada, restitución denegada
28 U.S.C. § 1291; 22 U.S.C. § 9003(e)(2)(A).
Norinder v. Fuentes, 657 F.3d 526, 533 (7th Cir. 2011); Graber v. Clarke, 763 F.3d 888, 894 (7th Cir. 2014); Redmond v. Redmond, 724 F.3d 729, 739 (7th Cir. 2013); Walker v. Walker, 701 F.3d 1110, 1116 (7th Cir. 2012); Khan v. Fatima, 680 F.3d 781 (INCADAT Reference HC/E/USf 1239); Norinder,
657 F.3d (INCADAT Reference HC/E/US 1138); Anderson v. City of Bessemer City, 470 U.S. 564, 575 (1985).
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The appellant father and respondent mother lived in Mexico together with their two children, a girl and boy aged seven and 16, respectively, at the time of the proceedings. In August 2011, they all travelled to Chicago. The appellant returned to Mexico, but the respondent and children did not return. The appellant filed an action for return of the children with the District Court for the Northern District of Illinois in May 2012. The Court ruled that there had been wrongful removal, but that an exception to the requirement of return applied for each child. The decision was appealed with respect to the girl only; the appellant argued that the District Court erroneously found that he had sexually abused her, and that therefore the Art. 13(1)(b) grave risk of harm exception should not apply.
Appeal dismissed and return not ordered; the District Court had not erred in its finding that the appellant had sexually abused his daughter. Therefore, it had been established that the child would face a grave risk of harm if returned.
The trial court met the evidentiary standard for its factual determination that the appellant had sexually abused his daughter prior to her removal by the respondent.
Therefore, sufficient evidence had been presented to establish that there was a grave risk that the daughter's return would expose her to physical or psychological harm.