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Ponce v Sanchez, 2011 WL 6820332 (D.Colo.)
[Mexico] [Attorney Fees] |
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In Ponce v Sanchez, 2011 WL 6820332 (D.Colo.)
Petitioner made a "Motion for Attorney Fees and Costs," after the Court
granted Petitioner's "Application for Return of the Minor Children to
Petitioner" and ordered Respondent to return the minor child to Mexico.
The District Court observed that 42 U.S.C. s 11607(b)(3) provides that
"[a]ny court ordering the return of a child brought under section 11603
... shall order the respondent to pay necessary expenses incurred by or
on behalf of the petitioner, ... unless the respondent establishes that
such order would be clearly inappropriate. "Despite being advised by the
Court that she had one week to respond to any request for attorneys'
fees and costs, Respondent did not respond to the motion, and so
Respondent failed to establish that granting such relief would be
clearly inappropriate. Petitioner's counsel indicates that he
represented Petitioner pro bono, and Petitioner was not requesting an
award of attorneys' fees. However, Petitioner incurred several costs
during the pendency of this case, including a filing fee for the
Petition, fees for service of documents on Respondent, and fees for
interpreters and translation services. In total, Petitioner asserts that
he incurred $1,640.16 in costs. The Court foundthat these requested
costs were reasonable and made an order granting the application. |
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