January 24th, 2018

​US Court of Appeals for the Fifth Circuit Opinions
Ontiveros Soto v. Contreras

Docket: 16-11541
Opinion Date: January 23, 2018
Judge: Rhesa Hawkins Barksdale
Areas of Law: Family Law, International Law

The Fifth Circuit affirmed the district court's denial of defendant's grave-risk defense in plaintiff's action seeking return of their child to Mexico pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. The court rejected defendant's claims that the district court improperly used a heightened standard in making its rulings. The court held that the record demonstrated that the district court's reference to "objective evidence" did not compel ruling that the findings of fact were "based on a misconception of the underlying legal standard." The court also held that defendant failed to show that the district court "labored under" the mistaken "assumption that threats against a parent can never create a grave risk of harm to his or her children."