As reported by Reuters, a federal judge has ordered that a five-year-old girl, living with her father in Queens since she was 6 months old, will be returned to the country of her birth, Mexico, and reunited with her mother.
U.S. Judge Jack Weinstein ruled that the child had been “wrongfully” separated from her birth mother in an illegal and unsuccessful plan that was aimed at getting the entire family into the U.S. from Mexico.
J.L.R.C., the girl’s father, now must hand her over to be returned to Puebla, Mexico, where her mother, A.M., resides.
In November A.M. filed a lawsuit alleging that once her attempts to cross the border proved fruitless, J.L.R.C. has sought to keep their child in the U.S.
In September 2006, according to court documents, J.L.R.C. left Mexico six months after the birth of the couple’s daughter. He crossed the border illegally, moved into Queens, and found a job as a janitor.
During the family’s separation, the couple had plans to reunite, with A.M. pursuing the same illegal means to enter the U.S. with their child. All three were to live together in New York and share custody of their daughter there.
Allegedly J.L.R.C. sent money that would assist A.M. and their baby to cross the border. J.L.R.C. arranged for two women to take the child first. A.M. was to come later, with her uncle.
From Nogales, a popular town used for illegal entry, A.M. and her uncle failed several times to get into the U.S. On their last attempt, the two got across the border – only to be caught, arrested, and jailed for 75 days. Then they were sent back to Mexico.
Eventually realizing that her plans to cross the border may never come to fruition, she began asking J.L.R.C. to return their daughter to her. When J.L.R.C. refused, the custody battle ensued.
J.L.R.C. now lives with another woman.
A.M.’s lawsuit claimed that J.L.R.C. had violated the Hague Convention and the International Child Abduction Remedies Act that seeks to protect children, and the parents with custodial rights.
Judge Weinstein determined that A.M. had the right to keep custody of the child in her country, and wrote, “Because the agreement between the mother and father – that the entire family would reside in the United States in a new marital abode, with the parents sharing custody of their daughter – was conditional upon the entry of all members of the family into the United States, the petitioner cannot be said to have consented to the retention of her child in the United States.”
J.L.R.C. argued that returning his daughter to Mexico may cause her “physical or psychological harm.” Judge Weinstein rejected the idea.
Attorney Steve Ross represented J.L.R.C. and is considering if he will appeal the judge’s decision.
Contact a family law attorney if you are in the midst of a local, or international, child custody issue. Your child will benefit from your diligence, and your parenting.