Appellate Case No. 11-41204, Eduardo Vasconcelos v. Michelly Batista (5th Cir. 2013)
Appellate Case No. 11-41204, Eduardo Vasconcelos v. Michelly Batista, (5th Cir. 2013)
This was a Hague Convention case. Mother had removed the child from Brazil in violation of a purported paternity court order from Brazil. She came to the United States with the child, married an American citizen, and resided there for approximately 2 years before Father brought a Hague Convention action against Mother. Father filed his Hague Convention Action seeking the return of the child to Brazil in Federal District Court, Northern District of Texas. He hired K. L. Gates, a high profile law firm in Texas to represent him.
Ms. Parker co-counseled with a colleague to represent Mother at the federal district court level. The case went to trial. The District Court found that the child had been well-settled in the United States and denied Father's application.
Father appealed to the U.S. Court of Appeals, 5th District. Ms. Parker represented Mother at the appellate level. Both sides filed their briefs. The Court of Appeals heard oral arguments from both sides, and affirmed the District Court's decision.
Practice area(s): Child Custody, International Law