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Duran v. Beaumont, No. 06-5614

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By FindLaw Staff on October 06, 2010 7:27 PM

Denial of Hague Petition Convention

In Duran v. Beaumont, No. 06-5614, a petition for an order compelling respondent to return petitioner's and respondent's daughter to Chile under the Hague Convention, the court vacated the denial of the petition where the district court needed to consider, in the first instance, whether any of the Hague Convention exceptions applied.

As the court wrote:  "Appellant, Hugo Alejandro Villegas Duran, sought an order compelling Appellee, Johana Ivette Arribada Beaumont, to return their daughter, Valentina Almendra Villegas Arribada, to Chile under the Hague Convention. He contended that Appellee's violation of Chilean law - removing their daughter to the United States and keeping her there past the three months authorized by a Chilean court - constituted a "wrongful" removal, as defined by the Hague Convention. The district court agreed that Appellee violated a Chilean court's order, but held that it could not order her return because Appellant was neither granted nor exercised custodial rights."

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