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Jimenez Blancarte v. Ponce Santamaria

United States District Court, E.D. Michigan, Southern Division

January 15, 2020

Jorge Daniel Jimenéz Blancarte, Petitioner,
v.
Luna Elizabeth Ponce Santamaria, Respondent.

          Mag. David R. Grand Judge

          OPINION AND ORDER SETTING RETURN PLAN

          JUDITH E. LEVY UNITED STATES DISTRICT JUDGE.

         This is 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, 30, 31.)

         The 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.)

         The 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.

         Accordingly, the Court orders the following:

         1. 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.

         2. 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 following conditions:

a. Petitioner, Respondent, and the children will depart from Detroit Metropolitan Airport (DTW) on Aeromexico Flight AM 5008.
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 ...

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