Vite-Cruz v. Sanchez, 2019 WL 402057 ( D. South Carolina, 2019)[Mexico] [Motion for Costs][Clearly inappropriate]

         In Vite-Cruz v. Sanchez, 2019 WL 402057 ( D. South Carolina, 2019) on December 19, 2018, the Court granted Petitioner’s Petition and ordered the immediate return of A.V., a twelve-year-old child (the “Child”), to his habitual residence of Hidalgo, Mexico. Following the issuance of the Order, Petitioner filed a Motion for Costs.          The district court observed that Article 26 of the Hague Convention permits a court to award expenses to a prevailing party “where appropriate.” Similarly, ICARA allows for an award of costs, stating in relevant part: Any court ordering the return of a child pursuant to an action brought under [ICARA] shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs…

Read more detail on Recent Family Law posts –

This entry was posted in Family Law and tagged , , , , , , , , , . Bookmark the permalink.

Leave a Reply