Fernandez v. Bailey

Filing 5

ORDER: The Order Granting Temporary Restraining Order Under the Hague Convention (Doc. # 2) will remain in effect up to and including the September 12, 2016, hearing. Signed by Judge Virginia M. Hernandez Covington on 8/25/2016. (DMD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ROQUE JACINTO FERNANDEZ, acting
on behalf of minor children,
C.R.F.B. and R.J.F.B.,
Petitioner,
v.

Case No. 8:16-cv-2444-T-33TGW

CHRISTY NICOLE BAILEY,
Respondent.
______________________________/
ORDER
On August 24, 2016, Petitioner filed a Verified Petition for
Return of Children to Panama. (Doc. # 1 ). The Court entered its
Order

Granting

Temporary

Restraining

Order

Under

the

Hague

Convention without notice on August 25, 2016 (Doc. # 2), and set
a hearing on the Verified Petition for September 12, 2016, at 1:30
P.M.,

in

Courtroom

14B

of

the

Sam

M.

Gibbons

United

States

Courthouse, 801 N. Florida Avenue, Tampa, Florida 33602.
Pursuant to Rule 65 of the Federal Rules of Civil Procedure,
every temporary restraining order issued without notice
expires at the time after entry—not to exceed 14 days—
that the Court sets, unless before that time the court,
for good cause, extends it for a like period or the
adverse party consents to a longer extension.
Fed. R. Civ. P. 65(b)(2).
The Court finds that there is good cause to extend the
Temporary

Restraining

Order

beyond
1

fourteen

days,

up

to

and

including September 12, 2016. The September 12, 2016, hearing date
was selected by the Court to provide enough time for the Petitioner
to locate and serve the Respondent. Furthermore, this hearing date
provides greater time for Respondent to retain counsel and for
counsel to prepare for the hearing. Finally, as Petitioner resides
in Panama, extending the length of the Temporary Restraining Order
allows the Petitioner to arrange travel to the United States.
It is the Court’s experience that providing more time before
a

hearing

increases

the

quality

and

clarity

of

the

parties’

arguments on the merits. Well-prepared counsel facilitate the
swift adjudication of international child abduction cases, as
intended by the Convention on the Civil Aspects of International
Child Abduction, Done at the Hague on October 20, 1980. See Ruiz
v. Tenorio, 392 F.3d 1247, 1250 (11th Cir. 2004)("The convention
is intended as a rapid remedy for the left-behind parent.").
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
The Order Granting Temporary Restraining Order Under the
Hague Convention (Doc. # 2) will remain in effect up to and
including the September 12, 2016, hearing.
DONE and ORDERED in Chambers in Tampa, Florida, this 25th day
of August, 2016.

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