Wellekson Goncalves Silva v. Andriene Ferreira dos Santos

Summary

**Hague Convention – Grave Risk Exception – Corroboration – Clear and Convincing Evidence** The Eleventh Circuit vacated a district court order returning a child to Brazil under the Hague Convention, holding that the district court applied an erroneous legal standard when evaluating the mother’s affirmative defense that return would expose the child to a grave risk of harm. The court ruled that when a factfinder disbelieves a witness’s testimony, that discredited testimony may be considered as corroborating substantive evidence supporting the opposing party’s claims. Additionally, the court clarified that a single witness’s credible, uncorroborated testimony alone can satisfy the clear and convincing evidence standard required to prove the grave risk exception under Article 13(b) of the Convention and ICARA.

Holdings

1. When a factfinder does not believe an interested witness's testimony, it may—but is not required to—consider that discredited testimony as corroborating substantive evidence that the opposite of the testimony is true.
2. A single witness's testimony, without corroboration, can still meet the clear and convincing evidence standard if the factfinder concludes it is credible.

Questions Presented

1. Whether the district court erred by failing to consider Silva's noncredible testimony as corroborating substantive evidence that the alleged abuse occurred.
2. Whether the district court erred by concluding that a single witness's uncorroborated testimony is necessarily insufficient to satisfy the clear and convincing evidence standard for the grave risk exception.

Disposition

vacated_and_remanded