CUELLAR V. JOYCE
596 F.3d 505 (2010)
NATURE OF THE CASE: Leyda Cuellar (M) appealed a denial of relief for her action to
return her daughter to Panama under The Hague Convention on the Civil Aspects of
International Child Abduction.
FACTS: Joyce (F) built a sailboat and sailed it to Panama, where he met M. He's a college
professor; she was an exotic dancer. They married in Panama, where she eventually gave birth
to a baby girl whom we call K.C. M lives in Neuva Livia, a neighborhood that F describes as
'slum-like,' 'beyond the end of the road' and 'very dangerous.' M points out that F never
complained when they were dating. When K.C. was nineteen months old, F arranged for M and
K.C. to meet him in Australia. At the Sydney airport, F separated himself and K.C. from M
and flew to the United States, leaving M behind without her passport. M tracked Richard down
in Montana, where he currently lives with K.C., and petitioned the district court there for
K.C.'s return. The district court denied relief and M appeals
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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