Mohsen v. Mohsen

5 So. 3d 218, 2008 La. App. LEXIS 1730, 2008 1703 (La.App. 1 Cir. 12/23/08);

 

RULE:

A country's nonparticipation in the Hague Convention is only one factor to be considered by a court in determining whether a credible risk of abduction exists.

FACTS:

Parties divorced in 2007. A stipulate judgment was entered in 2007 providing both parents with joint custody. In 2008, the mother filed a motion to establish international visitation in Nicaragua. The trial court denied the motion solely on the grounds that the country did not participate in the Hague Convention and therefore there was a credible risk of abduction. 

ISSUE:

Did the trial court err when it denied the mother's motion visitation in a nation that had dot adopted the Hague Convention?

ANSWER:

No.

CONCLUSION:

While the trial court did err in solely relying on the Hague Convention in its determination of the motion, the mother failed to provide any supporting evidence for the motion. Therefore, the court was right to deny the motion.

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