Moreno v Mahdi (ED Virginia 1996) Civil Action No 96-19-A ================================================================= IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division FILED 29 Mar 1996 Petitioner: Aida Ramos Moreno Civil Action No 96-19-A v. Respondent: Stanley Abdalrafi Mahdi ORDER The Court has reviewed petitioner's Petition for Return of Child to the Petitioner. The petition is filed pursuant to the Convention on the Civil Aspects of International Child Abduction, signed at the Hague on 25 October 1980, and also pursuant to the International Child Abduction Remedies Act, 42 U.S.C.  11601 et seq. Petitioner asserts that the child was in the habitual residence of Panama prior to his removal from that country, that the removal and retention of the child was "wrongful" within the meaning of the convention, and that the child is currently residing with respondent within the Eastern District of Virginia. Petitioner alleges that the child was born on July 2, 1994, was taken by respondent from Panama on March 20, 1995, and has not been returned despite repeated requests from the petitioner. The Court finds petitioner's assertions to be true and accurate. Respondent appeared in Court and did not contest the accuracy of these facts, nor did he provide any articulate reason for objecting to petitioner request. Respondent similarly failed to argue that return of the child should be blocked by any of the exception clauses listed in 42 U.S.C. 11603. We further find that respondent was served with copies of the pleadings and filings in this case, and that he is of sufficient education to recognize the import of those pleadings. While respondent appeared Pro se, he had been provided ample time to retain counsel and had in fact consulted a lawyer prior to argument. The Court holds that this Order in no way constitutes a ruling on custody of the child or matters related to final custody within the meaning of Article 19 of the Convention. For these reasons, it is hereby ORDERED that, pursuant to The Convention on the Civil Aspects of International Child Abduction and/or the International Child Abduction Remedies Act, 42 U.S.C.  11601 et seq., that the minor, RASHID MAHDI RAMOS be returned to the company of this mother, AIDA RAMOS MORENO by 3:00 PM on Friday, March 29, 1996 at the U.S. District Courthouse for the Eastern District of Virginia (Alexandria Division), 401 Courthouse Square, Alexandria, VA, 22314-5799, and it is further ORDERED that respondent at that time produce the child's passport as well as the "military identification card" originally issued to petitioner on behalf of the child and at the respondent's request, and it is further ORDERED that respondent reimburse petitioner, through her counsel, for $1,386 84 of expenses and $1000.00 in attorneys fees arising directly from this matter. Respondent shall be given six months to pay the total of S2,386.84, with good faith monthly payments to commence on May 1, 1996. The Clerk is directed to forward copies of this Order to counsel of record and to respondent at 4776 Kelly Road, Dale City, Virginia 22193. Entered this 29th day of March, 1996. /s/ Leonie M. Brinkema _______________________________ Leonie M. Brinkema United States District Judge Alexandria, Virginia