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1 Commentary: Appellate Court Cases, Avendano v. Balza, 985 F.3d 8 (1st Cir. 2021) 1 (2021)

handle is hein.congcourts/cmyaplt0001 and id is 1 raw text is: Commentary: Appellate Court Cases Avendano v. Balza, 985 F.3d 8 (1st Cir. 2021) Other First Circuit Cases Da Silva v. De Aredes, 953 F.3d 67 (1st Cir. 2020) Mendez v. May, 778 F.3d 337 (1st. Cir. 2015) Mauvais v. Herisse, 772 F.3d 6 (1st Cir. 2014) Sanchez-Londono v. Gonzalez, 752 F.3d 533 (1st Cir. 2014) Neergaard-Colon v. Neergaard, 752 F.3d 526 (1st Cir. 2014) Darin v. Olivero-Huffman, 746 F.3d 1 (1st Cir. 2014) Yaman v. Yaman, 730 F.3d 1 (1st Cir. 2013) Patrick v. Rivera-Lopez, 708 F.3d 15 (1st Cir. 2013) Felder v. Wetzel, 696 F.3d 92 (1st Cir. 2012) Charalambous v. Charalambous, 627 F.3d 462 (1st Cir. 2010) Nicolson v. Pappalardo, 605 F.3d 100 (1st Cir. 2010) Kufner v. Kufner, 519 F.3d 33 (1st Cir. 2008) Rigby v. Damant, 486 F.3d 692 (1st Cir. 2007) Danai pour v. McLarey (Danaipour I), 386 F.3d 289 (1st Cir. 2004) Whallon v. Lynn, 356 F.3d 138 (1st Cir. 2004) Danai pour v. McLarey (Danaipour ), 286 F.3d 1 (1st Cir. 2002) Child's Objection to Return In this case, the First Circuit reviewed whether a mature child's objection to return was sufficient for the district court to deny the mother's request for his return to Venezuela. Holding The First Circuit ruled that the district court did not err in finding that the child was of a sufficient age and maturity to justify sustaining his objection to return. Facts' The parents had joint custody of their son under a Venezuelan court order, but the father had to obtain an order from a Venezuelan court to en- force the child's visits in 2016 and 2018. While the child was with his father in Massachusetts for his annual visit in 2018, the boy became a U.S. citizen. As a result, he had to forfeit his green card and obtain a U.S. passport to travel internationally. The mother insisted that the child could get a passport at the U.S. embassy in Caracas.2 When the time came for the child to return to Venezuela, he told his mother that he wished to stay in the United States. Because of the passport problems, if the child returned to Venezuela, he may not be able to come back to the United States. The fa- ther refused to send the child back without a passport to reenter the United States. The mother petitioned for the child's return. The father raised a defense based on the child's objection to return under Article 13. At trial, the court took testimony from the mother's witnesses, the child's guardian ad litem, and a psychologist. Commentary-Avendano v. Balza Page 1

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