Lopez Jimenez v. Sanchez Guarneros

Richland, Washington family law lawyers represented the parties in an International Child Abduction Remedies Act case.



The International Child Abduction Remedies Act (ICARA) is a U.S. federal law that implements the

Hague Convention on the Civil Aspects of International Child Abduction, providing a legal framework for the prompt return of children who have been wrongfully removed or retained across international borders. It grants both federal and state courts jurisdiction to hear these cases, sets procedures for bringing cases, establishes proof requirements and affirmative defenses, and allows for measures to protect the child's well-being.



Implements the Hague Convention: ICARA is the primary U.S. law that provides the legal mechanism to enforce the 1980 Hague Abduction Convention within the United States.



Jurisdiction: It gives both federal and state courts original concurrent jurisdiction to hear cases arising under the Hague Convention.



Wrongful Removal: The law addresses the wrongful removal or retention of a child, meaning their removal in breach of custody rights under the law of their habitual residence.



Burden of Proof: The party seeking the child's return (the petitioner) must prove by a preponderance of the evidence that the removal was wrongful. The burden then shifts to the respondent to prove an affirmative defense.

Affirmative Defenses: These are narrow exceptions to the requirement of returning a child, such as the child being of sufficient age to object to their return, more than a year having passed since the abduction, or a grave risk of harm if returned.



Protection of Children: The Act allows courts to take measures to protect a child's well-being, such as preventing further concealment or removal.

Visitation Rights: ICARA establishes a federal right of action for parents to enforce visitation or access rights under the Hague Convention.

Department of State: The Act also authorizes the Department of State to access federal databases to locate abducted children.

08/27/2025 21 Stipulated MOTION to Dismiss by Alfredo Lopez Jimenez. Motion Hearing set for 9/26/2025 Without Oral Argument before Judge Rebecca L. Pennell. (LaMusga, Asa) (Entered: 08/27/2025)

08/27/2025 22 ORDER OF DISMISSAL WITH PREJUDICE; granting 21 Parties' Stipulated Motion to Dismiss. File is CLOSED. Signed by Judge Rebecca L. Pennell. (SG, Case Administrator) (Entered: 08/27/2025)

08/27/2025 23 Judgment of Dismissal with Prejudice. (SG, Case Administrator) (Entered: 08/27/2025)