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Turco Legal Blog

Turco Legal Blog - Family Law and Foreclosure Law

Aug 26
2010

Two Law Firms Face Trial for Alleged Role in International Child Abduction

Posted by: Damian Turco

Tagged in: Untagged 

Peter Innes, the father of Victoria Innes, the child caught in the middle of an international custody dispute has filed suit against his former wife's, Maria Carrascosa, attorneys. According to a recent article, Mr. Innes "alleges the firm aided the abduction or negligently ignored its obligation to abide by the agreement, which prohibited removing Victoria Innes from the United States and required Carrascosa's lawyer to hold Victoria's U.S. passport to prevent that from happening."

Innes' civil suit stems from an October 2004 agreement which required Carrascosa's attorney to hold Victoria's passport.  At the time of the agreement Carrascosa was represented by Mitchell Liebowitz, who sent the passport and file to the Lesnevich firm when it took over the case soon after after the agreement was reached. The Lesnevich firm contends that it was not part of the agreement and was not granted trusteeship of the passport, so it was obligated to turn Victoria's passport over to Carrascosa, the custodial parent.The Lesnevich firm argues that the agreement specifically entrusted the passport to Liebowitz, not simply whoever was Carrascosa's attorney.

Carrascosa is currently serving a 14-year sentence in connection with this case for failing to return her daughter, Victoria, to New Jersey upon the order of a New Jersey court. The case is complicated by Spain's refusal to return the child to the U.S. Victoria's father, Peter Innes, has filed a lawsuit and appealed in Spain arguing that as a signatory to the Hague Abduction Convention Spain is required to return the child. In its decision, the court in Valencia stated it must refuse to order the return of the child if at the time of the removal the custody rights had not been awarded to the father. At the time that Victoria Innes was brought to Spain, her mother was the custodial parent and her father had visitation rights. The New Jersey court's later ruling to the contrary did not sway the court in Valencia, which has ordered that the child remain in Spain with her maternal grandparents. 

For more information on the Hague Convention from the U.S. Department of State click here.

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