Martinez Gonzalez v. Preston

Filing 29

OPINION. Signed by Honorable Judge Myron H. Thompson on 5/27/15. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
MARÍA MAGDALENA MARTINEZ
GONZÁLEZ,

)
)
)
)
)
)
)
)
)
)

Petitioner,
v.
THOMAS DAVID PRESTON,
Respondent.

CIVIL ACTION NO.
3:15cv282-MHT
(WO)

OPINION
In this case, petitioner María Magdalena Martinez
González
respondent

asserted

that

Thomas

David

her

estranged

Preston,

husband,

wrongfully

and

unlawfully removed their children from their home in
Ciudad Juárez, Mexico and transported them to his home
in Lanett, Alabama.
the

Hague

She filed her petition pursuant to

Convention

on

the

Civil

Aspects

of

International Child Abduction and requested return of
the

children

return.

to

Mexico.

Gonzalez

v.

This

Preston,

court
2015

ordered
WL

their

2402659

F.Supp.3d --- (M.D. Ala. 2015) (Thompson, J.).

---

Relief

remains pending; this opinion summarizes the court’s
relief plan and the efforts of both parties and several
outside agencies in assisting the court to develop and
carry out that plan.
After
first

receiving

issued

a

Martinez’s

temporary

petition,

the

restraining

order

court
and

preliminary injunction prohibiting Preston and anyone
cooperating with him from removing the children from
Alabama while the court decided the case.

After a

final hearing on the merits, the court found that the
children were wrongfully removed in violation of the
Hague

Convention

implementing

the

and

the

Convention,

federal
the

legislation

International

Abduction Remedies Act, 22 U.S.C. §§ 9001-9011.

Child
The

court ordered the children be returned to Martinez in
Ciudad Juárez so that a Mexican court can determine
proper custody of the children under Mexican law.

See

Gonzalez, --- F.Supp.3d at ---, 2015 WL 2402659, at
*11; Judgment (doc. no. 23).
2

A case brought under the Hague Convention raises
questions commonly faced by district courts, such as
the

interpretation

determinations
challenges

of

with

of

federal

credibility.
nuances

less

statutes

But

it

familiar

and

also
to

poses

district

courts, such as the interpretation of international law
and

treaties

and

the

development

of

comprehensive

logistical plans for the expeditious and safe return of
young children across international borders.

As such,

the Office of Children’s Issues of the United States
Department of State offers the consultation services of
four

“U.S.

Network

Judges”

who

are

“experts

in

the

Convention and other international family law issues”;
these

judges

serve

as

a

resource

pending Hague Convention cases.

for

courts

with

See Letter from the

United States Department of State, Office of Children’s
Issues (doc. no. 13-1).

In this case, after the court

reached out to the Department of State and the Network
Judges

for

their

assistance
3

in

developing

a

return

plan,

Judge

Judith

Kreeger

generously

provided

the

court with feedback on the proceedings; sent several
sample templates and proposed orders to the court to
outline various plans for return; and offered helpful
suggestions

during

an

on-the-record

conference

call

with the parties.
Through

the

efforts

of

counsel,

the

Consulate

General of Mexico in Atlanta, Georgia also has offered
invaluable

help

and

assistance

in

this

case.

The

Consulate General has agreed to expeditiously process
Mexican

passport

applications

for

the

children;

to

arrange and purchase airline tickets necessary for the
children’s travel; and to provide a consular official
to

chaperone

the

children

from

Atlanta

to

the

international border between El Paso, Texas, and Ciudad
Juarez, Mexico, where Martinez will meet the consulate
official and receive the children into her custody.
Finally,
coordinating

in
with

addition
the

to

Consulate
4

their
General

efforts
of

in

Mexico,

counsel

for

both

parties

have

jointly

developed

a

detailed and thorough logistical plan for the return of
the children to their mother in Mexico.
commends counsel for their efforts in

The court

assisting the

court to ensure that the return will proceed smoothly.
Under the plan, respondent Preston is to apply for
Mexican passports for the children at the Consulate
General of Mexico in Atlanta by May 29, 2015.

Once the

passports have been issued, the Consulate General of
Mexico will make the appropriate travel arrangements so
that the children will be returned by June 12, 2015,
and it will coordinate with Martinez for their arrival
at the border.

Preston then will bring the children,

their personal belongings, and their legal documents to
the Atlanta airport, where they will be taken into the
temporary custody of the Consulate General of Mexico to
effectuate return.

The court will memorialize the plan

in an order.

5

The court also will provide an order transferring
temporary

custody

of

the

children

to

the

Consulate

General of Mexico so as to allow a consular official to
travel with the children to the Mexican border.
The orders will be entered separately.
DONE, this the 27th day of May, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE