Manuel Jose Lozano v. Diana Lucia Montoya Alvarez
Filing 46
OPINION AND ORDER: For the reasons stated herein, Petitioner has established a prima facie case of wrongful removal under the Hague Convention. Respondent has failed to establish that sending the child back to the United Kingdom for a custody determination would expose the child to a grave risk of harm or place her in an intolerable situation. However, Respondent has demonstrated that at the time the Petition was filed, the child had been in New York for more than a year and has become settled in her new environment. Lastly, the Court chooses not to exercise its discretion to order the child returned even though she is now settled. Accordingly, the Petition is denied. (Signed by Judge Kenneth M. Karas on 8/22/2011) (lnl)
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