Merchan Rocha v. Molano Florez

Filing 58

ORDER for Return of Minor Child. Signed by Judge Robert C. Jones on 12/22/14. (Copies have been distributed pursuant to the NEF - MMM)

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
)
FRANCISCO JOSE MERCHAN ROCHA, )
)
Plaintiff,
) Case No.: 2:14-cv-00051
vs.
)
)
VERONICA MOLANO FLOREZ, AKA
)
VERONICA GABRIELLE,
)
)
Defendant.
)
)

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ORDER FOR RETURN OF MINOR CHILD
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THIS MATTER came before the Honorable Robert C. Jones, on November 26, at

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10:00 a.m. on Plaintiff’s Emergency Motion for an Order Directing Return of Minor Child.
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THE COURT NOTED the purpose of the initial stay of the Order granting Plaintiff’s

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Petition for an Order for Return of Minor Child was to allow Defendant to modify custody in

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Colombia.

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THE COURT FINDS Defendant has not modified custody nor initiated a child
custody modification process in Colombia.
THE COURT FURTHER FINDS Defendant does not have a good cause to be

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awarded a second extension of the stay of the Order entered on May 14, 2014, as she has not
initiated a child custody modification process in Colombia.
THE COURT FURTHER FINDS Plaintiff has legal and physical custody of Sofia
Merchan Molano pursuant to the Decree of Divorce and Parenting Agreement the parties

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executed in Colombia.
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THE COURT FURTHER FINDS Plaintiff released the minor child to Defendant for
a brief vacation in the United States and she was not returned.

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THE COURT FURTHER FINDS that the Hague Convention directly applies to the
facts of this case and this Court must honor the Hague Convention.
THEREFORE, IT IS HEREBY ORDERED that Plaintiff’s Verified Complaint and
Petition for Return of Minor Child is granted.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Order Directing Return of
Child is granted.
IT IS FURTHER ORDERED Defendant’s Motion for Extension of Stay of Order is
hereby DENIED.
IT IS FURTHER ORDERED pursuant to the provisions of The Convention on the
Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980

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(Convention) and/or the International Child Abduction Remedies Act, 42 U.S.C. 11601 et
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seq., that the minor, Sofia Merchan Molano, born on January 29, 2002, be returned in the

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company of her father, Francisco Jose Merchan Rocha, to the sovereign nation of Colombia,

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and to report the delivery of the children to the appropriate Central Authority.

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IT IS FURTHER ORDERED Francisco Jose Merchan Rocha has the exclusive right

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to the physical and legal custody of the child during the period of time required to return the
above-named minors to Colombia, the country of the minor habitual residence; and this

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order is not a determination of the merits of any custody issues within the meaning of Article

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19 of the Convention; and the order of this court is made under the authority of U.S.C.

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11603(a), conferring upon this court original and concurrent jurisdiction with federal district

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courts of the United States.

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NOW THEREFORE, TO ANY PEACE OFFICER IN THE STATE OF NEVADA
AND TO ANY FEDERAL OFFICER:

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YOU ARE HEREBY COMMANDED TO enforce the instant order allowing

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Francisco Jose Merchan Rocha to remove the above-named minor from the United States of

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America, and to allow him to accompany her to the country of Colombia giving said
Francisco Jose Merchan Rocha, the right, without interference, to have said child in his

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lawful custody for the purposes described herein.
This order is effective the date below written, and shall continue in force and effect
until modified or cancelled by a court of competent jurisdiction in the United States.

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IT IS SO ORDERED this 22nd day
IT IS SO ORDERED this _____ day ofof December, 2014.

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______________________________________
THE HONORABLE ROBERT C. JONES

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, 201 .

MCFARLING LAW GROUP

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/s/Emily McFarling
Emily McFarling, Esq.
Nevada Bar No. 8567
6230 W. Desert Inn Rd.
Las Vegas, NV 89146
Attorney for Plaintiff

Disapproved
Veronica Gabrielle
9143 W. Torino Avenue
Las Vegas, NV 89148
Defendant in Proper Person

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CERTIFICATION

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In accordance with LR 9021, I certify that on December 1, 2014, a copy of this order
was served on the Defendant, who has disapproved its contents. I further certify that no
written objections were filed.

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DATED this 11th day of December 2014.
/s/Emily McFarling
Emily McFarling, Esq.
Nevada Bar No. 8567

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