Martinez v. Cahue

171 F. Supp. 3d 783, 2016 WL 1073102, 2016 U.S. Dist. LEXIS 35672
CourtDistrict Court, N.D. Illinois
DecidedMarch 18, 2016
DocketNo. 15 C 11411
StatusPublished

This text of 171 F. Supp. 3d 783 (Martinez v. Cahue) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. Cahue, 171 F. Supp. 3d 783, 2016 WL 1073102, 2016 U.S. Dist. LEXIS 35672 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION

John J. Tharp, Jr., United States District Judge

Jaded Mahelet Ruvalca Martinez petitions for the return of her minor son, nine-year-old “A.M.” to Mexico, which she alleges was the place of the child’s habitual residence at the time his father wrongfully [785]*785retained the child in the United States after an agreed visit in August 2014. She brings the petition under the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No; 11670, 1343 U.N.T.S. 89 (Oct. 25, 1980) enacted into federal law through the International Child Abduction Remedies Act (ICARA), 22 U.S.C. § 9001 et seq. Under the Convention, a parent whose child has been wrongfully removed to or retained in the United States may petition for the child’s return to his or her country of habitual residence, where the local courts can “resolve any questions about custody, support, or other family law matters.” Garcia v. Pinelo, 808 F.3d 1158, 1159 (7th Cir.2015).

This Court previously entered a temporary restraining order requiring the father, respondent Peter Valdez Cahue, to remain with A.M. in the Northern District of Illinois and to surrender their passports. The TRO was extended with the parties’ consent pending a decision on the petition. As required by the Convention, the Court held expedited proceedings, including an evidentiary hearing on March 3, 2016. With the parties’ agreement, the court appointed a guardian ad litem for the minor child. The GAL submitted a report to the Court and testified briefly at the hearing. The other witnesses who testified were Ms. Martinez, her mother Natalie Martinez, and Mr. Cahue. After the hearing, the parties submitted closing briefs and response briefs. The Court announced its ruling and outlined its basic rationale in open court on March 11, 2016; the Court denied the petition for return to Mexico, terminated the TRO, and entered judgment for the respondent. This opinion further explains the Court’s findings and reasoning.

Background

There is no material dispute over the relevant facts before 2013. Ms. Martinez and Mr. Cahue were a couple for many years, beginning when they were teenagers. A.M. was born in March 2006 in Oak Lawn, Illinois. Paternity is not disputed, and after A.M.’s birth, Cahue signed a voluntary acknowledgement of paternity. For his entire life until age 7, A.M. always lived with his mother in the Chicago area, where his father also lived, as did his maternal and paternal grandparents. A.M. went to school and church in the area and played for several soccer teams. For some periods of time Ms. Martinez, Mr. Cahue, and A.M. resided together. The relationship between Martinez and Cahue was described by them both as “on and off’ over the years, until ultimately it became “off’ for good. Ms. Martinez says that she ended her relationship with Mr. Cahue sometime in 2012, whereas Mr. Cahue said that the couple continued to see each other until July 2013, when Martinez left the United States.

On February 24, 2010, the parents signed a notarized custody agreement.1 In [786]*786the short, handwritten document, Cahue agreed that he would not “fight custody in court for my son” and Martinez agreed that Cahue would have “constant access” to A.M. including overnight visits “2 days a week.” Whether these precise terms were followed or not, there is no dispute that Cahue continued to have frequent contact and visits with A.M., who lived continuously with Martinez and her parents from the time of this 2010 agreement until July 2013.

In the Spring of 2013, Ms. Martinez— then employed at the Mexican consulate in Chicago was presented with an opportunity to open a restaurant in Mexico with a cousin. Ms. Martinez decided to pursue the opportunity and move with A.M. to Mexico. She informed her employer that she would be leaving, and over the next few months she made the arrangements to move with A.M. She sold her car to her uncle and began to research schools in Mexico for A.M. She purchased one-way tickets to fly to Mexico with A.M., and arranged for a cousin to drive her belongings to Mexico in his truck. About two weeks before her departure, her co-workers threw her a going-away party.

Ms. Martinez testified that she told Mr. Cahue that she was relocating with A.M. to Mexico months in advance of the move, in May 2013, and he did not object. Ms. Martinez testified that Mr. Cahue knew there was nothing he could do about her move because of their private custody agreement, but that nevertheless he was “okay with it” and never expressed “displeasure” with her decision. Her mother, Natalie Martinez, provided some corroboration for Martinez’s claim by testifying that she recalled being present at her home with one of her nephews, Ms. Martinez, and Mr. Cahue when the move was discussed, possibly for the first time. According to Natalie, Mr. Cahue did not voice any reservations about the permanent, or indefinite, move. Natalie did not remember when the conversation took place or how it came to be that Cahue, an infrequent visitor to her home, was there. The petitioner did not submit any documents or records that further corroborate her testimony that she informed Cahue, such as any text messages or other communications with Mr. Cahue, Ms. Martinez did not request A.M.’s school records before she left the United States.

Mr. Cahue testified that he had no idea that Ms. Martinez was planning to move to Mexico. He said that he was told she was taking him to Mexico in July 2013 for a reunion of her extended family and a beach vacation, something to which he did not object. On July 25, 2013, he signed a notarized letter authorizing the travel the next day, when Ms. Martinez had booked a' one-way plane ticket for herself and A.M. Ms. Martinez testified that this was part of the couple’s “process” whenever A.M. traveled. Cahue testified that he pressed Ms. Martinez to include a return date, but she said it was uncertain, and there was a possibility she and A.M. would be returning by car with some of her family members. Cahue testified that he finally relented and signed the travel authorization because Martinez made a public scene outside the notary’s office, with A.M. present. Martinez, by contrast, testified that Cahue did not express any concern whatsoever about the absence of a return date on the travel authorization.

Ms. Martinez sent many of A.M.’s and possessions from her parents’ home— “90%” — to Mexico in her cousin’s truck, leaving behind, she said, only “knickknacks.” Cahue helped pack A.M. for, he [787]*787says, a trip to the beach, not a permanent move. Cahue testified that he brought Martinez four or five outfits from Cahue’s home; however, Cahue testified, A.M. did not take other belongings, such as his toys, from his father’s home. Cahue was aware that A.M. was bringing his soccer shoes with him to Mexico, but this was not surprising since he expected that A.M. would play soccer while in Mexico. He also purchased A.M. a snorkel and inflatable water wings for use at the beach. When dropping these items off with Martinez, Cahue saw only a small suitcase for A.M.’s things.

The parties’ versions of events diverge even further from here. According to Ms. Martinez, she proceeded as she planned upon arriving in Mexico. She enrolled A.M. in a top private school, which required her to send for A.M’s school records from Illinois. A.M.

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Cite This Page — Counsel Stack

Bluebook (online)
171 F. Supp. 3d 783, 2016 WL 1073102, 2016 U.S. Dist. LEXIS 35672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-cahue-ilnd-2016.