Berezowsky v. Ojeda, No. 13-20039 (5th Cir. 2014)Annotate this Case
Berezowsky and Rendon, both Mexican nationals, met in Mexico in 2008. Berezowsky learned that she was pregnant and the couple became engaged. Their relationship deteriorated. Berezowsky moved to her parents’ home in Texas, and cut off communication with Rendon. Rendon made repeated attempts to gain information about his unborn child, but received no response. Berezowsky gave birth to P in 2009 in Texas. A month later, Rendon learned his child’s name, sex, and date of birth through a private investigator. At least 12 different courts in the U.S. and Mexico have been involved in the ensuing custody dispute. Both parties have obtained orders by default, which the other party has subsequently appealed. Both parties continued to escalate their efforts. In 2012, Berezowsky filed a petition under the Hague Convention on the Civil Aspects of International Child Abduction. The district court held that P had been wrongfully removed from Mexico and ordered his immediate return. The Fifth Circuit vacated and remanded with instructions to dismiss. Berezowsky failed to meet her burden of establishing that Mexico was P’s place of habitual residence.