Case Update (18 April 2023): Figueredo v. Rojas; Child is now settled, and therefore will not be returned pursuant to Father's Hague Abduction Convention return request

On April 18, 2023, the U.S. District Court for the MD of Florida denied Mr. Figueredo’s request to return his minor child to Venezuela.  The parties stipulated to the Father’s prima facie case of wrongful removal.  At trial, Mother argued that returning the child to Venezuela would expose the child to a grave risk of harm due to the humanitarian emergency in Venezuela.  She testified as to the corruption, crime, lack of access to education, groceries, and healthcare. She submitted, under seal, a copy of her application for asylum in the United States because of political persecution.  But, the evidence presented by the Father showed that the child would not be exposed to any humanitarian emergency if returned – he would live in a safe neighborhood, go to school, and have amenities comparable to those he has in the United States.  The Mother also argued that the Father filed his return petition more than one year after her wrongful removal of the child, and the child is now settled.  The court agreed.  The child is happy, doing well, has friends and community, and has a routine and activities.  The Mother has filed for asylum and is not subject to deportation at any time.  While the court acknowledged that the Mother should have worked out a mutually agreeable solution and not ignored the court orders issued in Venezuela, the court concluded that the treaty intended for it to focus on the child, and it concluded that returning the child would further disrupt his life.