Case Update (2020): Gallegos v. Garcia Soto; 1980 Convention, Grave Risk, Return Stayed due to COVID-19
On April 30, 2020, the US District Court for the Western District of Texas Austin Division issued an order in the case of Gallegos v. Garcia Soto returning the parties’ minor child to Mexico. The court, which took evidence in early March took the further step of staying its return order because of the COVID-19 pandemic.
The key issue before the court was whether the Mother proved by clear and convincing evidence that the spousal abuse she suffered was a grave risk of harm to the minor child. The court applied the standard from the Gil-Leyva v. Leslie case, 780 F.App’x 580 (10th Cir 2019), which required a finding that the sustained spousal abuse was seriously endangering the child. In other words, the Court was looking for a nexus between the abusive behavior towards the parent and any grave risk to the child. The court here, however, found that the Father was not violent or abusive towards the child directly, and that the matter itself was best considered by a Mexican court.
Most interestingly, the court stated, "However, IT IS FURTHER ORDERED that the effective date of this Order is stayed, indefinitely, until such time as the Court and the parties can be reasonably confident that the COVID-19 pandemic no longer renders international travel unsafe and widespread social distancing practices are no longer necessary. The Court will schedule status conferences as necessary to determine the precise date and the logistics of [the minor child’s] return, involving the Mexican Consulate when appropriate and keeping in mind the need to ensure [the child’s] return is both "prompt” and "safe."
The key issue before the court was whether the Mother proved by clear and convincing evidence that the spousal abuse she suffered was a grave risk of harm to the minor child. The court applied the standard from the Gil-Leyva v. Leslie case, 780 F.App’x 580 (10th Cir 2019), which required a finding that the sustained spousal abuse was seriously endangering the child. In other words, the Court was looking for a nexus between the abusive behavior towards the parent and any grave risk to the child. The court here, however, found that the Father was not violent or abusive towards the child directly, and that the matter itself was best considered by a Mexican court.
Most interestingly, the court stated, "However, IT IS FURTHER ORDERED that the effective date of this Order is stayed, indefinitely, until such time as the Court and the parties can be reasonably confident that the COVID-19 pandemic no longer renders international travel unsafe and widespread social distancing practices are no longer necessary. The Court will schedule status conferences as necessary to determine the precise date and the logistics of [the minor child’s] return, involving the Mexican Consulate when appropriate and keeping in mind the need to ensure [the child’s] return is both "prompt” and "safe."
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