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Keywords

contract
contract

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Sanchez-Londono v. Gonzalez

Facts

Francelly S�hez-Londo� a Colombian citizen, moved to the U.S. illegally and married Nelson Gonz%z, a naturalized U.S. citizen. They had a daughter, E.G., who lived in Massachusetts until the parents agreed that the mother would temporarily move back to Colombia with E.G. for legal residency purposes. What was intended as a short stay turned into two-and-a-half years. The mother later allowed the father to take both daughters to the U.S., believing it would help her immigration status. After the father began a new relationship and cut off communication, the mother sought E.G.'s return under the Hague Convention, claiming wrongful retention.

Francelly S�hez-Londo� a Colombian citizen, moved to the U.S. illegally and married Nelson Gonz%z, a naturalized U.S. citizen. They had a daughter, E.G., who lived in Massachusetts until the parents agreed that the mother would temporarily move back to Colombia with E.G. for legal residency purposes. What was intended as a short stay turned into two-and-a-half years. The mother later allowed the father to take both daughters to the U.S., believing it would help her immigration status. After the father began a new relationship and cut off communication, the mother sought E.G.'s return under the Hague Convention, claiming wrongful retention.

Issue

Whether the district court properly denied a petition under the Hague Convention.

Whether the district court properly denied a petition under the Hague Convention.

Rule

The Hague Convention provides for the prompt return of children wrongfully removed to or retained in any Contracting State, and a petitioner must establish that the child's habitual residence was the place to which the return is sought.

The Hague Convention provides for the prompt return of children wrongfully removed to or retained in any Contracting State, and a petitioner must establish that the child's habitual residence was the place to which the return is sought.

Analysis

The court analyzed the shared intent of the parents regarding E.G.'s habitual residence. It concluded that the parents intended for E.G. to live in the U.S. at the time of her retention, as evidenced by their actions and communications. The court found that the mother's unilateral wishes were insufficient to change the child's habitual residence, which had become the U.S. by the time of retention.

The court analyzed the shared intent of the parents regarding E.G.'s habitual residence. It concluded that the parents intended for E.G. to live in the U.S. at the time of her retention, as evidenced by their actions and communications. The court found that the mother's unilateral wishes were insufficient to change the child's habitual residence, which had become the U.S. by the time of retention.

Conclusion

The court affirmed the district court's denial of the mother's petition, concluding that E.G.'s habitual residence was the United States at the time of her retention.

The court affirmed the district court's denial of the mother's petition, concluding that E.G.'s habitual residence was the United States at the time of her retention.

Who won?

Nelson Gonz%z prevailed in the case as the court found that E.G.'s habitual residence was the United States, and the mother's claims of wrongful retention were not substantiated.

Nelson Gonz%z prevailed in the case as the court found that E.G.'s habitual residence was the United States, and the mother's claims of wrongful retention were not substantiated.

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