Delgado v. Osuna, No. 15-41312 (5th Cir. 2016)Annotate this Case
Petitioner challenges the district court's denial of his petition for return of his children to Venezuela pursuant to the Hague Convention. The court concluded that the district court applied the correct legal standard in determining the children’s habitual residence, and its shared intent determination was not clearly erroneous. In this case, the record demonstrates that respondent, the children's mother, and petitioner's last shared intent was to abandon Venezuela permanently as the children’s habitual residence. There was a meeting of their minds to abandon Venezuela as the children’s habitual residence. The court also concluded that petitioner cannot meet his burden to show that the children were wrongfully removed from Venezuela or retained in the United States because Venezuela was abandoned as the children’s habitual residence. Accordingly, the court affirmed the judgment.