In a pivotal international child custody case, the San Diego Superior Court ordered the return of a minor child to Spain after a three-day trial.
SAN DIEGO, CA, UNITED STATES, October 25, 2024 /EINPresswire.com/ -- In a significant ruling on a complex international child custody matter, the San Diego Superior Court has ordered the return of a minor child to Spain following a three-day trial held on September 11th, 12th, and 13th, 2024. The case, filed under the Hague Convention on the Civil Aspects of International Child Abduction, involved allegations of wrongful removal of the child from Spain by the mother, who had moved with the child to San Diego, California in November 2023.
Roy Doppelt, Esq., of the San Diego family law firm Doppelt & Forney, APLC, represented the father, who filed the petition under the Hague Convention. The father alleged that the mother’s relocation with their minor son to the United States violated international law, which aims to protect children from abduction and wrongful retention across international borders. Hague Convention cases are notoriously intricate and require detailed legal expertise, as they involve domestic and international legal principles.
The trial featured testimony from both parents as well as other witnesses. After reviewing the evidence, the Court determined that the father had met the required burden of proof under the preponderance of evidence standard, showing that the child had been wrongfully taken from his habitual residence in Spain. The mother, who was self-represented during the proceedings, argued that returning the child to Spain would place him at a grave risk of harm. However, the Court found that she did not meet the required clear and convincing evidence standard for proving this defense.
In its ruling, the Court ordered the child's immediate return to Spain, upholding the father’s petition. This decision underscores the importance of adhering to international treaties such as the Hague Convention, which protects the rights of parents and children involved in cross-border custody disputes.
Lindsey Carinci, Esq., of the San Diego District Attorney’s Office, appeared as a representative of the Court under California Family Code Section 3455. The ruling marks another significant victory for attorney Roy Doppelt and his team at Doppelt & Forney, APLC, who continue to advocate for parents in complex family law cases.
About Doppelt & Forney, APLC:
Doppelt & Forney, APLC is a full-service family law firm dedicated to providing comprehensive legal support to families throughout San Diego. The firm offers personalized, high-quality representation in divorce, child custody, and complex family law cases with a team of full-time attorneys, paralegals, and in-office support staff.
Founding attorney Roy Doppelt has been practicing family law in San Diego since 1988. Throughout his 30+ year career, he has earned numerous accolades, including selection to the 2019 Super Lawyers list. Damon Forney, a Certified Family Law Specialist in California, brings over 20 years of experience to the firm, including previous roles as both a Federal and State Prosecutor. Doppelt and Forney provide skillful legal guidance and dedicated advocacy for their clients.
Case Information:Case No: 24FL008932CJurisdiction: Superior Court of the State of CaliforniaCounty of San Diego, Central Division
Zachary AmesDoppelt and Forney, APLC+1 [email protected]
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Zachary Ames, Doppelt and Forney, APLC
October 25, 2024, 15:59 GMT
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