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1 Commentary: Appellate Court Cases: Palencia v. Perez, 921 F.4d 1333 (11th Cir. 2019) 1 (2019)

handle is hein.congcourts/plncprz0001 and id is 1 raw text is: Commentary: Appellate Court Cases Palencia v. Perez, 921 F.4d 1333 (11th Cir. 2019) OCustody Rights I Wrongful Retention Other Eleventh Circuit Cases Pfeiffer v. Bachotet, In this case, the Eleventh Circuit explored the def- 913 F.3d 1018 (11th Cir. 2019) inition of custody rights and gave guidance on how to determine the date of wrongful retention Grau v. Grau, when an abducting parent falsely represents to No. 19-10982, 2019 U.S. App. LEXIS the other parent the date of the child's return. 20707 (11th Cir. July 12, 2019) Fernandez v. Bailey, Facts 909 F.3d 353 (11th Cir. 2018) A child was born to an unmarried Guatemalan Gomez v. Fuenmayor, 812 F.3d 1005 (11th Cir. 2016) couple in 2013. The family lived together in Gua- temala until October 2016, when the mother told Seaman v. Peterson, the father that she intended to visit relatives in 766 F.3d 1252 (11th Cir. 2014) Mexico. Because the mother had done this in the Baran v. Beaty, past and returned to Guatemala, the father did not 526F.3d 1340 (11th Cir. 2008) object. But she instead took the child to the United States, where they were detained at the Pielage v. McConnell, border. The mother contacted the father twelve 516 F.3d 1282 (11th Cir. 2008) days later, said she had made a mistake, and Hanleyv. Roy, asked for his assistance with obtaining passports 485 F.3d 641 (11th Cir. 2007) for herself and the child. He cooperated and she promised to return as soon as she had the pass- Ruiz v. Tenorio, ports. This process took months, and as soon as 392 F.3d 1247 (11th Cir. 2004) the mother received the passports, she informed Furnes v. Reeves, the father that she and the child would not be re- 362 F.3d 702 (11th Cir. 2004) turning to Guatemala. Pesin v. Rodriguez, When the father filed his Hague petition, he learned 244 F.3d 1250 (11th Cir. 2001) that the mother had filed an asylum petition for her- Lops v. Lops, self and their child upon arriving to the United 140 F.3d 927 (11th Cir. 1998) States. As part of her asylum petition, she stated that she had never been a victim of domestic vio- lence. The district court held an evidentiary hearing on the Hague petition and heard evidence from both parents, family members, and mental health professionals, as well as two Gua- temalan attorneys. The court granted the father's petition and ordered the child returned to Guatemala. The Eleventh Circuit affirmed. Commentary-Palencia v. Perez Page 1

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