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attorneyappealmotionrespondent
attorneyappealmotionrespondent

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Berenguela-Alvarado v. Castanos

Facts

Petitioner Karen Berenguela-Alvarado, a resident of Chile, allowed her daughter to visit her father, Eric Castanos, in the United States. After initially consenting to the visit, Petitioner later revoked her consent and filed a petition for the child's return under the Hague Convention. The District Court initially denied the petition, but upon appeal, the Eleventh Circuit vacated the decision and remanded the case, ultimately leading to the child's return to Petitioner.

Petitioner Karen Berenguela-Alvarado, a resident of Chile, allowed her daughter to visit her father, Eric Castanos, in the United States. After initially consenting to the visit, Petitioner later revoked her consent and filed a petition for the child's return under the Hague Convention. The District Court initially denied the petition, but upon appeal, the Eleventh Circuit vacated the decision and remanded the case, ultimately leading to the child's return to Petitioner.

Issue

Whether the petitioner is entitled to attorney's fees and costs as the prevailing party under the International Child Abduction Remedies Act (ICARA).

Whether the petitioner is entitled to attorney's fees and costs as the prevailing party under the International Child Abduction Remedies Act (ICARA).

Rule

Under ICARA, a court ordering the return of a child must order the respondent to pay necessary expenses incurred by the petitioner, including attorney's fees, unless the respondent can show that such an award would be clearly inappropriate.

Under ICARA, a court ordering the return of a child must order the respondent to pay necessary expenses incurred by the petitioner, including attorney's fees, unless the respondent can show that such an award would be clearly inappropriate.

Analysis

The court found that the petitioner was the prevailing party as her petition for the return of the child was granted. The court applied the ICARA provisions, which create a presumption in favor of awarding fees to the prevailing party, and determined that the respondent failed to demonstrate that an award of fees would be clearly inappropriate.

The court found that the petitioner was the prevailing party as her petition for the return of the child was granted. The court applied the ICARA provisions, which create a presumption in favor of awarding fees to the prevailing party, and determined that the respondent failed to demonstrate that an award of fees would be clearly inappropriate.

Conclusion

The court recommended granting the petitioner's motion for attorney's fees in part, awarding her $13,650 in fees and $1,930.78 in costs.

The court recommended granting the petitioner's motion for attorney's fees in part, awarding her $13,650 in fees and $1,930.78 in costs.

Who won?

Petitioner, Karen Berenguela-Alvarado, prevailed because the court ultimately granted her petition for the return of her child, which was affirmed by the Eleventh Circuit.

Petitioner, Karen Berenguela-Alvarado, prevailed because the court ultimately granted her petition for the return of her child, which was affirmed by the Eleventh Circuit.

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