708 F.3d 15
1st Cir.2013Background
- Patrick and Rivera-Lopez are the biological parents of L.N.R., born in Puerto Rico in 2009, with Patrick later marrying Rivera in 2010.
- L.N.R. and Rivera moved to the United Kingdom in 2011, where Patrick and Rivera planned to establish a home and residence for the family.
- Rivera absconded to Puerto Rico with L.N.R. in March 2012, prompting Patrick to file a Hague Convention petition in the District of Puerto Rico for the return of L.N.R.
- The district court initially required Patrick to post a $10,000 bond, later reduced to $500, and ultimately continued to proceed with a bond requirement.
- Rivera moved to dismiss the petition under Rule 12(b)(6) for failure to state a claim, based on Patrick allegedly lacking rights of custody under the Convention.
- The First Circuit ultimately held that Patrick has rights of custody under the Hague Convention and remanded for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly dismissed the petition | Patrick argues dismissal was improper and should be treated as a motion for judgment on the pleadings. | Rivera contends the petition fails to state a claim under the Hague Convention. | Dismissal was improper; case treated as judgment on the pleadings with de novo review. |
| Whether Patrick has 'rights of custody' under the Hague Convention | Patrick alleges UK parental responsibility rights via his marriage to Rivera and Puerto Rico legitimation; UK law recognizes Patrick's custody rights. | Rivera contends Patrick lacks rights of custody because he wasn’t listed as father on the birth record and Puerto Rico law requires registration for legitimation. | Patrick has 'parental responsibility' and 'rights of custody' under the Hague Convention. |
| Whether the bond requirement violates the Hague Convention | The Convention prohibits any bond to guarantee costs and expenses. | The district court may impose a bond as part of its procedures. | Bond order vacated; district court cannot require a bond under Article 22. |
Key Cases Cited
- Abbott v. Abbott, 130 S. Ct. 1983 (2010) (definition of rights of custody under Hague Convention)
- Aponte-Torres v. Univ. of P.R., 445 F.3d 50 (1st Cir. 2006) (treat pleadings view in judgments on the pleadings)
- Whiting v. Krassner, 391 F.3d 540 (3d Cir. 2004) (bond considerations in Hague cases cited by district court)
- Bekier v. Bekier, 248 F.3d 1051 (11th Cir. 2001) (bond considerations in Hague cases cited by district court)
- Lops v. Lops, 140 F.3d 927 (11th Cir. 1998) (bond considerations in Hague cases cited by district court)
- Ramos v. Rosario, 67 P.R.R. 641 (PR Supreme Court 1947) (affidavit of paternity and representation in court)
- León Rosario v. Torres, 9 P.R. Offic. Trans. 1082 (1980) (narrow reading of vital statistics registry impact)
- Castro Torres v. Negrón Soto, 159 D.P.R. 568 (PR Supreme Court 2003) (legitimation and birth records discussed)
- Ocasio v. Díaz, 88 P.R.R. 658 (1963) (current law legitimation; father may acknowledge child)
- Ex Parte Hernández Martínez, 65 P.R.R. 132 (1945) (historical context on legitimation)