Padilla v. Troxell, No. 16-1979 (4th Cir. 2017)Annotate this Case
Petitioner filed a petition for the return of her child under the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 19 I.L.M. 1501, as implemented by the International Child Abduction Remedies Act (ICARA), 22 U.S.C. 9001 et seq. The district court denied the petition. The court concluded that the district court did not clearly err in finding that respondent was "more believable" and petitioner did not challenge that determination. The court agreed with the district court that the preponderance of the evidence demonstrated that petitioner consented to respondent's removal of the child to the United States. Accordingly, the court affirmed the judgment.