Monzon v De La Roca, 2018 WL 6424956 (3d Cir, 2018)[Guatemala] [Federal & State Judicial Remedies] [Commencement of proceeding] [Defenses]

          In Monzon v De La Roca, 2018 WL 6424956 (3d Cir, 2018) the third Circuit the District Court’s denial of the Petition seeking the return of his minor child, H.C.           Castellanos married De La Roca in 2004. Their son, H.C., was born in 2010. The couple separated in November 2011, and divorced by mutual consent in January 2014. De La Roca claimed that violence was a factor, although she did not raise that issue in the divorce proceedings. Castellanos categorically denied all of De La Roca’s allegations of abuse. In the summer of 2013, after her separation from Castellanos, but before they divorced, De La Roca began a long-distance relationship with her childhood acquaintance, “Deleon,” who resided in New Jersey. De La Roca obtained a visa for H.C. to travel to the United States with Castellanos’s consent, though she did not immediately bring H.C.…

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