Summary
noting in a case arising under the Hague Convention that child's passport was ordered to be surrendered to the clerk of court and respondent was prohibited from removing minor child from the jurisdiction
Summary of this case from Cocom v. TimofeevOpinion
CASE NO. 8:09-CV-753-T-17TGW.
June 24, 2009
ORDER
This cause is before the Court on:
Dkt. 1 Verified Petition
Dkt. 22 Report and Recommendation
Dkt. 24 Notice of Filing Joint Stipulation for Entry of Order Upon Report and Recommendation and Return of Minor Child's Passport
This case is a petition brought pursuant to The Convention on the Civil Aspects of International Child Abduction, which is embodied in the International Child Abduction Remedies Act ("ICARA"), 42 U.S.C. Secs. 11601- 11610. Petitioner Cory Porter seeks the return of his son, CP, to Australia, their habitual residence.
The assigned Magistrate Judge conducted an evidentiary hearing on May 29, 2009, and issued a Report and Recommendation on June 16, 2009, in which it is recommended that the Verified Petition for Return of Child to Petitioner be granted, and that, in accordance with Article la of the Convention, CP be returned promptly to Australia.
Petitioner and Respondent have filed a Joint Stipulation in which the parties waive the ten-day period to file objections to the Report and Recommendations. Petitioner and Respondent seek the immediate entry of an Order affirming the Report and Recommendation, and the immediate release of the minor child's passport to Petitioner, Cory Porter.
The Court notes that the minor child's passport has been deposited with the Clerk of Court. In the Verified Petition, Petitioner Cory Porter requests the following relief:
a. an Order directing a prompt return of the child to his habitual residence in Australia;
. . . .
d. an Order directing Kristin Gonzalez to pay Cory Porter's legal costs and fees;
e. any such further relief as justice and its cause may require.
In the Verified Petition, Petitioner Cory Porter seeks the award of all legal costs and fees pursuant to 42 U.S.C. Sec. 11607. The Court directs Petitioner and Respondent to confer and attempt to reach a stipulation as to the fees and costs. If the parties cannot reach a stipulation, a motion for attorney's fees and costs shall be filed within ten days of this Order, and a response shall be filed within ten days of the motion.
After consideration of the Joint Stipulation, the Court adopts the Report and Recommendation, which is incorporated herein by reference. Accordingly, it is ORDERED that the Report and Recommendation is adopted and incorporated by reference. The Verified Petition is granted, and the minor child, CP, shall be returned to his habitual residence in Australia. It is further
ORDERED that the Clerk of Court shall release the passport of the minor child to Petitioner, Cory Porter. It is further
ORDERED that Petitioner and Respondent shall attempt to reach a stipulation as to attorney's fees and costs. If the parties do not reach a stipulation, Petitioner shall file a motion for attorney's fees and costs within ten days of this Order, and Respondent shall file a response within ten days. The Court reserves jurisdiction for the award of attorney's fees and costs. The Clerk of Court shall close this case.
DONE and ORDERED in Chambers, in Tampa, Florida.