Kevin Federico Pichardo Aguilar v. Aylin Xomara Bernal Millan

Summary

The U.S. District Court for the District of Arizona considered Plaintiff Kevin Federico Pichardo Aguilar’s motion for attorneys’ fees and costs following an order requiring the return of a minor child to Mexico under the Hague Convention and ICARA. The court held that an award was not clearly inappropriate despite the defendant’s financial hardship, but reduced the requested amount of $10,455.35 and ordered the defendant to pay $1,000.

Holdings

1. Mother's limited financial resources did not make an award of attorneys' fees and costs clearly inappropriate under 22 U.S.C. § 9007(b)(3).
2. The court reduced Father's requested award and ordered Mother to pay $1,000.

Questions Presented

1. Whether Mother's financial hardship made an award of attorneys' fees and costs clearly inappropriate under 22 U.S.C. § 9007(b)(3).
2. Whether the court should exercise its discretion to reduce the requested $10,455.35 award in light of Mother's indigent status.

Disposition

other