United States District Court, S.D. Florida
FINAL ORDER GRANTING PETITION UNDER HAGUE CONVENTION
TO RETURN CHILD
N. SCOLA, JR. UNITED STATES DISTRICT JUDGE.
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
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").
Petition is filed pursuant to the Convention on the Civil
Aspects of International Child Abduction (the "Hague
Convention" or the "Convention") and the
International Child Abduction Remedies Act
("ICARA"). 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.
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.
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
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.
Damion Rose, the Petitioner, is domiciled at Avenue de
I'Observatoire 3, box 9, 1180 Uccle, Belgium.
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.
parties separated in 2013 and Ms. Blake subsequently settled
in the United States for a few months with the common child.
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
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.
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.
2014, Ms. Blake and D.A.R. settled in Belgium and the parties
decided to give themselves a chance to live together again.
February 10, 2015, they concluded a declaration of legal
cohabitation, to which they have not put an end.
few months later, the couple separated again and the parties
tried to reach an agreement on the living arrangements of the
child. Mr. ...