Acosta v. Acosta: Lays down the conditions as required to satisfy the exception to the Hague Convention’s general rule of return.
By Laura Morgan, Family Law Consultant
Clear and convincing evidence supported District Court’s finding that fathe r’s inability to control his temper outbursts presented a significant danger that he would act irrationally toward himself and his children, exposing the children to a grave risk of harm were they returned to Peru, as required to satisfy exception to the Hague Convention’s general rule of return. Although there was little evidence that the father physically abused the children, where there was evidence that father assaulted taxi driver in children’s presence, verbally abused mother in their presence, and shoved one of the children.
http://media.ca8.uscourts.gov/opndir/13/08/122663P.pdf
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 website.
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