Patrick v. Rivera-Lopez

Father and Mother were the biological parents of Child, a girl born in Puerto Rico in 2009. In 2011, Mother and Child moved to the United Kingdom, where they stayed with Father. In 2012, Mother absconded to Puerto Rico with Child. Father subsequently filed a petition for the return of Child under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and the International Child Abduction Remedies Act, alleging that Mother wrongfully removed Child from her habitual residence. The U.S. district court granted Mother's motion to dismiss on the ground that Father never presented his affidavit of paternity to Puerto Rico's vital statistics registry. The First Circuit Court of Appeals reversed, holding that the district court erred when it dismissed Father's petition on the grounds that he did not have rights of custody, as (1) Father's marriage to Mother legitimated Child under Puerto Rico law; and (2) as a result, Father had parental responsibility for Child under United Kingdom law, which meant he had rights of custody under the Hague Convention. Remanded for a trial. View "Patrick v. Rivera-Lopez" on Justia Law