Courdin v. Courdin

375 S.W.3d 657, 2010 Ark. App. 314, 2010 Ark. App. LEXIS 334
CourtCourt of Appeals of Arkansas
DecidedApril 14, 2010
DocketNo. CA 09-780
StatusPublished
Cited by4 cases

This text of 375 S.W.3d 657 (Courdin v. Courdin) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Courdin v. Courdin, 375 S.W.3d 657, 2010 Ark. App. 314, 2010 Ark. App. LEXIS 334 (Ark. Ct. App. 2010).

Opinion

M. MICHAEL KINARD, Judge.

|! This appeal presents the question of whether the courts of Brazil or the United States should decide a dispute over the custody of a little girl who is a citizen of both countries. The child’s mother, appellant Patricia Courdin, is a citizen of Brazil; her father, appellee Mitch Courdin, is a United States citizen who grew up in Springdale, Arkansas. The trial court denied appellant’s petition, ruling that the United States had jurisdiction to hear the custody dispute. We affirm that decision.

In 2002, appellee traveled to Brazil, where he met appellant; they were married in January 2003. After appellant obtained a permanent United States residence card, the parties came to the United States in April 2003. They stayed in the Fayetteville area until July 2003, when they returned to Brazil. Appellant became pregnant with their daughter, N.C., after they returned. The child was born in Brazil in May 2004. Appellant’s permanent residence card expired in April 2005. In 2007, the parties made plans to return to the United States. | ?With appellant’s written authorization, appellee and N.C. traveled to the United States in August 2007, while appellant temporarily stayed behind in Brazil. In November 2007, appellant joined appellee and N.C. in northwest Arkansas. The family stayed in motels for about six months before appellee bought a farm house in Neosho, Missouri. Because the house required renovations, the family lived in a travel trailer on the property. In September 2008, the police were called there for a reason disputed by the parties; the next day, appellee bought appellant a plane ticket to Brazil. On her way there, appellant sought assistance at the Brazilian consulate in Miami.

On January 23, 2009, appellant filed a petition in the Washington County Circuit Court for return of N.C. under the International Child Abduction Remedies Act (ICARA), which implemented the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention was adopted to address the problem of inter-country child abduction under international law. Alleging that Missouri was the child’s habitual residence, appellee asked that appellant’s petition be dismissed and that the matter be transferred to a court in Missouri for an award of temporary custody in his favor.

A hearing on temporary visitation was held by the Washington County Circuit Court in February 2009 and a hearing on the merits was held the next month. Ap-pellee testified that the parties had returned to Brazil in July 2003 for a short stay, with no intention of remaining there; neither party worked. He said that appellant obtained a permanent residence card so they could live in the United States. He stated that, after they discovered she was pregnant, |3they decided to remain in Brazil for the birth so appellant could be near her mother and grandmother, and they planned to return to the United States when the baby was three weeks old. He said that soon after N.C. was born, appellant became mentally ill, which delayed their leaving Brazil; that it was impossible to travel when she was “insane”; that he was afraid to leave her alone with N.C.; and that, although he tried to persuade her to get medical help (appellant was referred to a neurologist in Brazil) appellant refused. At the temporary hearing, appellee described in great detail appellant’s violent behavior, which included self-mutilation, screaming, kicking, and assaulting appellee. He said that she told him she was afraid she would harm the child, and that he had never left them alone together.

Appellee testified that, in 2007, he and appellant decided to move back to the United States with their pet cat; in July, appellant obtained a travel visa and signed an authorization for N.C. to travel abroad with him, and they sold their car and disposed of the belongings that they did not take with them. Appellee stated that he, appellant, and N.C. flew from the town in which they lived to Rio de Janeiro, where appellant remained while he and N.C. continued on to the United States. According to appellee, appellant intended to have plastic surgery in Rio and then join him and N.C. in northwest Arkansas after two or three months. Appellee testified that appellant flew to the United States in November 2007; for the first six months, the family stayed in motels while looking for property to buy, because appellant would not agree to rent. Appellee said that he bought a farm house, which needed |4renovations, in Neosho, Missouri, and the family moved into a travel trailer on the property, where he and N.C. still live.1

Appellee testified that appellant left on September 30, 2008, after a summer of discord. He said that on one occasion, he called 911 when appellant was hysterical; although an ambulance was sent, he decided not to wait and took her to the hospital in Neosho, with her consent. Appellee stated that later that summer, a neighbor called the police when “Patricia was having one of her episodes”; although the police investigated, they did not arrest him. Ap-pellee said that the next day, he bought appellant a ticket to Brazil. He stated: “My wife just decided to go home to Brazil rather than seek some type of medical treatment.”

Appellant testified that she had not intended to stay in the United States in 2003, and that the parties had returned to Brazil because appellee was having problems with his family. She said that appel-lee suggested that they return to live in the United States, with its educational opportunities, and she “began to agree with him about that.” She stated that they agreed that he and N.C. would come first, and he could visit his brother while she spent time with her grandmother. She denied remaining in Brazil for plastic surgery. She added: “I had imagined coming back to Brazil, but I also had imagined that if this life worked out in the United States that I would stay.”

1 ¡Appellant said that immediately upon leaving Brazil, appellee stopped answering most of her calls; when he did answer, he told her that he did not want her to come to the United States and would not give her his address. She stated that she found him by going to Brazil’s Ministry of Agriculture and tracing where he had shipped the family cat. She testified that she purchased a round-trip ticket in November 2007 with the intention of bringing N.C. back to Brazil, but appellee refused to let her take the child. Appellant said that she was forced to move to the farm, where she was kept locked up and had no friends. Appellant stated that appellee verbally abused her; kept the telephone locked away; and kept her documents locked in a safe. She said that when she attempted to retrieve them, he hit her on the head with his fist. She said that ap-pellee physically abused her on other occasions; that the police came to their home twice; and that the second occasion was when appellee burned her documents in a barrel.2 Appellant said that the next day, appellee kicked her out and sent her back to Brazil; on her way there, she sought assistance at the Brazilian consulate in Miami.

Appellant denied intending to abandon her home in Brazil, but acknowledged stating the following at the visitation hearing:

I was living in the United States for eleven months; I was six months legal, and the rest of the time illegal, while we regulized [sic] my documents. I came over on a tourist visa. It was my intent to go ahead and get a green card while I was here.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Natalie Tompkins v. Lawrence Tompkins
2020 Ark. App. 122 (Court of Appeals of Arkansas, 2020)
Moore v. Moore
349 P.3d 1076 (Alaska Supreme Court, 2015)
Worden v. Crow
427 S.W.3d 143 (Court of Appeals of Arkansas, 2013)
Vela v. Ragnarsson
386 S.W.3d 72 (Court of Appeals of Arkansas, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
375 S.W.3d 657, 2010 Ark. App. 314, 2010 Ark. App. LEXIS 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courdin-v-courdin-arkctapp-2010.