Bardales v. Duarte

Opinion

McConnell, p. j.—

INTRODUCTION

In this case we must decide whether a trial court had the power to dismiss a petition seeking return of children under the Hague Convention on the Civil Aspects of International Child Abduction, October 25, 1980, T.I.A.S. No. 11670 (Convention) because of the petitioner’s delay in prosecuting it and then proceed to decide child custody and related matters under state law. We conclude the trial court had such power. We affirm the trial court’s order and remand the matter for the trial court’s determination of attorney fees on appeal.

FACTUAL AND PROCEDURAL…