United States District Court, E.D. Michigan, Southern Division
David R. Grand Judge
OPINION AND ORDER SETTING RETURN PLAN
E. LEVY UNITED STATES DISTRICT JUDGE.
an international child abduction case brought under the Hague
Convention and its implementing statutes, the International
Child Abduction Remedies Act (ICARA). 42 U.S.C. §§
11601-11611. On January 3, 2020, the Court ordered the return
of the parties' two minor children to Mexico and required
the parties and the Guardian Ad Litem to submit either a
stipulated return plan or proposed individual return plans by
January 13, 2020. The Court received return plans from each
of the parties and from the Guardian Ad Litem. (ECF Nos. 29,
proposed plans differ only with respect to the return date of
the minor children. Respondent requests a return date of
January 31, 2020, so as to allow the children to receive
academic credit for their January schoolwork, socialize with
their friends, and be evaluated by their church with respect
to their catechism progress. (ECF No. 29, PageID.264-265.)
Petitioner, after originally requesting a return date of
January 17 or 18, proposes a compromise return date of
January 24 or 25, 2020. (ECF No. 30, PageID.266.) The
Guardian Ad Litem proposes a return date of January 25, 2020.
(ECF No. 31, PageID.270.)
Court adopts the Guardian Ad Litem's Proposed Return
Plan. Throughout the course of this litigation, the Guardian
Ad Litem has built trust with the Court, both parties, their
counsel, and the two minor children. The Court finds the
Guardian Ad Litem's plan to provide a detailed and
thoughtful compromise between the parties' positions.
the Court orders the following:
Mirror Image Orders: The parties are
ORDERED to seek entry of the following
orders by the Mexican court in which their divorce action is
pending: (a) Order For Interim Parenting Time (ECF No. 17);
(b) Opinion and Order Granting Petitioner's Complaint for
Immediate Return of Children Per Hague Convention (ECF No.
26); and (c) this Order. The foregoing orders are intended to
be stipulated “mirror orders” that are
enforceable by the Mexican divorce court. Each party is
ordered to instruct their attorney of record in the Mexican
divorce action to take all steps necessary, including
cooperating with one another, to implement this Order.
Travel Date and Flight: The parties are
ORDERED to facilitate the return of the
minor children to Mexico on January 25, 2020, subject to the
a. Petitioner, Respondent, and the children will depart from
Detroit Metropolitan Airport (DTW) on Aeromexico Flight AM
b. There is availability for Respondent to purchase tickets
on this Aeromexico flight.
c. One child will be seated next to Petitioner. One child
will be seated next to Respondent. The parties will not
interfere with the children's requests to communicate
with each other or either parent or change seats with one
another during the flight.
d. Respondent is responsible for the children's
transportation to DTW on the travel date.
e. Petitioner will purchase his and the children's
airline tickets, without prejudice to the Court's
ultimate determination of this expense.
f. Respondent is responsible for the cost of her airline
ticket (as well as that of her Mexican attorney if Respondent