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17-2469 - Martinez Dona v Perez Castilblanco


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17-2469 - Martinez Dona v Perez Castilblanco
February 16, 2018
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MEMORANDUM OPINION AND ORDER: The court denies Petitioner's 16 Motion Under the Hague Convention for Entry of a Temporary Restraining Order and Scheduling of an Expedited Hearing. Because the Petition for Return of the Child to Petitioner, as currently pleaded, is insufficient to state a claim for relief under the Convention or ICARA, and it does not appear that the deficiencies noted regarding Petitioner's rights of custody under Costa Rican law can be cured, the court will require Petitioner to amend his petition before setting the matter for an evidentiary hearing. Accordingly, the court orders Petitioner to file an amended petition that cures the deficiencies noted in this opinion by 2/26/2018. Any answer by Respondent to the amended petition must be filed within 14 days after service of the amended complaint. (Ordered by Judge Sam A Lindsay on 2/16/2018) (axm)