Hayet Naser Gomez v. Alfredo Jose Salvi Fuenmayor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[r]uling to the contrary would artificially and unrealistically ignore the powerful effect that a pattern of serious violence directed at a parent may have on his children”
• holding that “ruling to the contrary would artificially and unrealistically ignore the powerful effect that a pattern of - 12 - 1-19-1762 serious violence directed at a parent may have on his children.”
• explaining that whether a grave risk of harm exists is a mixed question of law and fact that is reviewed de novo in a case where factual findings were undisputed
• discussing situation where children’s return would place them in the middle of well-established drug violence involving child’s primary custodian
• “[C]redible social science literature establishes that serial spousal abusers are also likely to be child abusers.”
• party opposing child’s return bears burden of proving grave risk of harm affirmative defense by clear and convincing evidence

Source: CourtListener parenthetical corpus (CC0).