State/Prov. : California
Case name : Maurizio R. v. L.C
Case # : No. B229324: December 5, 2011
Court : California Court of Appeal, Second District, Division 1
Reviewed by : Laura Morgan
Main issue : Child Custody – Hague Convention
Trial court's finding of a grave risk of harm, in imposing conditions on child's return to his country of habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction, was supported by sufficient evidence, including testimony of child's therapist that child suffered from Post Traumatic Stress Disorder (PTSD), and testimony of independent court-appointed evaluator that issues regarding emotional abuse by the non-abducting parent "cannot be ruled out at this time," and that evaluator feared child might have a "breakdown" if returned to non-abducting parent's custody.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
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