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Rose v. Blake

United States District Court, S.D. Florida

August 18, 2017

Damion Samuel Rose, Plaintiff,
v.
Lee Ann Nicole Blake, Defendant.

          FINAL ORDER GRANTING PETITION UNDER HAGUE CONVENTION TO RETURN CHILD

          ROBERT N. SCOLA, JR. UNITED STATES DISTRICT JUDGE.

         This matter is before the Court after a hearing on the merits of the Plaintiff's Complaint and based on the testimony, exhibits and argument proffered therein the Court finds the following:

         I. Background

         1. This action is brought by DAMION SAMUEL ROSE, ("Mr. Rose") a legal resident of Belgium, to secure the return of his six-year-old son, D.A.R., ("The Child"), who was, without Petitioner's consent or acquiescence, wrongfully removed from Belgium and brought to the Southern District of Florida by the Child's Mother, LEE ANN NICOLE BLAKE ("Ms. Blake").

         2. This Petition is filed pursuant to the Convention on the Civil Aspects of International Child Abduction (the "Hague Convention" or the "Convention")[1] and the International Child Abduction Remedies Act ("ICARA").[2] The Hague Convention came into effect in the United States of America on July 1, 1988, and has been ratified between, among other Contracting States, the United States of America and Belgium as of October 25, 1980.

         3. The objects of the Hague Convention are:

Article 1 (a): To secure the prompt return of Child wrongfully removed or retained in and Contracting State; and
Article 1(b): To ensure that rights of custody and of access under the law of one Contracting State are effectively respected in other Contracting States.

(Id.)

         4. The Hague Convention authorizes a federal district court to determine the merits of a claim for the wrongful removal or retention of a child; it does not, however, permit the district court to consider the merits of the underlying custody dispute.

         5. This Court has jurisdiction over this case pursuant to 42 U.S.C. § 11603(a) (jurisdiction under the Hague Convention) and 28 U.S.C. § 1331 (federal question jurisdiction). Venue is proper pursuant to 42 U.S.C. § 11603 and 28 U.S.C. § 1391(b) because, the Child and Respondent were residing in the city of Davie, Broward County, Florida in the Southern District of Florida.

         6. Mr. Damion Rose, the Petitioner, is domiciled at Avenue de I'Observatoire 3, box 9, 1180 Uccle, Belgium.

         7. Mr. Damion Rose, was born on December 27, 1984, and Ms. Lee-Ann Blake, the Defendant, was born on August 13, 1985, met in Jamaica and have had a relationship of which a child, D.A.R., was born in New York on January 17, 2011.

         8. The parties separated in 2013 and Ms. Blake subsequently settled in the United States for a few months with the common child.

         9. Afterwards, Ms. Blake returned to Jamaica, where the applicant asked her to organize the living arrangements of the common child in order to enable him to spend some time with his son despite their separation, which Ms. Blake refused.

         10. In 2014, Mr. Rose moved to Belgium and the parties reached a verbal agreement, so as to enable D.A.R. to spend holidays with his father.

         11. On the agreed date however, Ms. Blake opposed the child's stay in Belgium and threatened to deprive Mr. Rose of any contact with the child if she was not authorized to stay with him in Belgium.

         12. In 2014, Ms. Blake and D.A.R. settled in Belgium and the parties decided to give themselves a chance to live together again.

         13. On February 10, 2015, they concluded a declaration of legal cohabitation, to which they have not put an end.

         14. A few months later, the couple separated again and the parties tried to reach an agreement on the living arrangements of the child. Mr. ...


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