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1 Commentary: District Court Cases, Jacquety v. Baptista, 2020 WL 5946562 (S.D.N.Y. Oct. 7, 2020) 1 (2020)

handle is hein.congcourts/fjcdccj0001 and id is 1 raw text is: Commentary: District Court Cases Jacquety v. Baptista, 2020 WL 5946562 (S.D.N.Y. Oct. 7, 2020) Other District Court Cases Jurisdiction I Standing I Redressability Leon v. Ruiz, A father filed a petition for return of his child against No. MO:19-CV-00293-RCG, 2020 U.S. both the child's mother and her romantic partner, Dist. LEXIS 43758 (W.D. Tex. Mar. 13, alleging that her partner assisted with the abduc- 2020) tion. The partner moved for summary judgment on the grounds that he was not related to child and Pope v. Lunday, No. CIV-1 9-01122-PRW, 2019 WL had no custody or control over the child, and ac- 711615 (W.D. Okla. Dec. 23, 2019) cordingly could not respond to or comply with an order that the child be returned. The district court Cunningham v. Cunningham, denied summary judgment, holding that he was 237 F. Supp. 3d 1246 (M.D. Fla. 2017) properly joined as a respondent. Marquez v. Castillo, 72 F. Supp. 3d 1280 (M.D. Fla. 2014) Holdings The International Child Abductions Remedies Act (ICARA) does not require a respondent to be related to or have legal authority over a child. A person who assists in the abduction of a child by planning or supporting the abduction, or who assists in concealing the child, is properly named as a respondent. Such persons are also potentially liable for reimbursement of the petitioner's fees and costs. Facts A father petitioned for the return of his child to Casablanca, Morocco, after the mother allegedly feigned taking the child to Switzerland for a family visit, but ultimately arranged for herself and the child to travel to New York. In addition to naming the mother in his petition for return, the father also named her friend Wadghiri, claiming that the two were romantically involved and that Wadghiri had planned the mother's removal of the child. The father alleged that Wadghiri had helped the mother draft a letter to send to the father which made what he claimed were false allegations of abuse, had helped plan transpor- tation for the mother and child to New York, had obtained counsel for the mother, and had assisted with the child's abduction. After arriving in New York, the mother and child lived with Wadghiri. Wadghiri wrote to the court, arguing inter alia that he was improperly named in the Hague petition because he was not a relative or custodial parent of the child and could not comply with an order for return because he had no control or legal authority over the child. The district court construed Wadghiri's letter as a motion for summary judgment and denied the motion. Commentary-Jacquety v. Baptista Page 1

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