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Federal Judge in US Orders Arkansas Father to Return Daughter to El Salvadoran Mother under Hague Convention on the Civil Aspects of International Child Abduction

By Janet Langjahr

Father and Mother are both from El Salvador.

Father and Mother have Daughter.

Father and Mother split up.

El Salvador family court awards Mother sole custody of Daughter, reportedly without challenge from Father.

Father asks Mother’s permission to bring Daughter to the US to take her to Disneyland. Mother agrees.

Father allegedly wrongfully retains Daughter in US.

Mother then files for return of Daughter to El Salvador under the Hague Convention on the Civil Aspects of International Child Abduction.

In federal court, Father contends that Mother’s litigation is untimely and that Daughter is settled in the US, that Daughter would be at grave risk of harm if returned to Mother in El Salvador and that Daughter wants to stay in the US.

The Arkansas court rejects each of Father’s positions in turn, finding fault in the legal analysis and/or taking a different view of the facts.

And, nearly two years after Father’s retention of Daughter, a federal judge in Arkansas orders Father to return Daughter to Mother in El Salvador … within fourteen days … at Father’s sole expense.

Read more in this [Fort Smith, AR] Times Record article: Judge Orders Girl, 7, Sent Back To Mom.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on January 22, 2011 (boomark / email).