The youngest child of a mother who fled to the United States with her children to escape her allegedly abusive husband is now sufficiently settled in this country to bar his repatriation, the U.S. Court of Appeals for the Second Circuit ruled on Thursday. The decision affirmed Eastern District Judge Sterling Johnson Jr.'s (See Profile) ruling, under the Hague Convention on the Civil Aspects of International Child Abduction, to let 10-year-old J.V. and his 15-year-old sister stay with their mother and older brother in Brooklyn (NYLJ, March 11).
J.V. and his siblings were taken by their mother, Mirna Mariana Gil Giron, from Mexico in July 2010. Their father, Jose Leonides Varillas Broca, denied he had been abusive and sought the children's return in a petition filed in late 2011. Johnson determined that both J.V. and his sister were now "well-settled." Even though there was weaker evidence to suggest the boy was adjusting, the judge said it was "still persuasive." He added that it was best to keep the brother and sister together, saying he was "disinclined to further fracture the family unit."
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