Bardales v. Duarte, No. D048239

In a mother's petition seeking return of her children under the Hague Convention alleging that the father wrongfully retained the two older children and wrongfully removed the two younger children to the United States in violation of the Convention, the judgment of the trial court is affirmed where: 1) trial court had the power to dismiss the Convention petition for delayed prosecution and proceed on child custody matters; and 2) Convention and  the International Child Abduction Remedies Act do not preclude dismissal of a petition for delayed prosecution.   

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Appellate Information

Filed February 8, 2010

Judges

Opinion by Judge McConnell

Counsel
For Appellant:  Beverly Baker-Kelly

For Appellee:   Victor Mordey