Ruben Paz Gomez v. Yanisleidy Reyes Gonzalez

Summary

The United States District Court for the Western District of Washington denied the petitioner’s post-judgment motions for sanctions, transfer of physical custody, assistance from the U.S. Marshals, and appointment of counsel. The court held that the motions were not properly served, that the court lacked continuing jurisdiction to grant the requested custody, access, and return-related relief after judgment in the ICARA action, and that the petitioner had not established entitlement to requested costs. The court also denied appointment of counsel because the motion failed to demonstrate exceptional circumstances.

Holdings

1. Petitioner's motions are denied because he failed to serve them on Respondent and did not show entitlement to ex parte relief.
2. The court lacks jurisdiction to grant custody or access-related remedies under ICARA after final judgment has been entered and the child has been returned.
3. Petitioner is not entitled to costs because ICARA shifts costs only for expenses incurred during the action, and this action ended when judgment was entered.
4. The motion to appoint counsel is denied because there are no exceptional circumstances, and the merits of the underlying motion fail.

Questions Presented

1. Whether the court could grant ex parte relief on Petitioner's motions without service on Respondent.
2. Whether the court retained jurisdiction to grant custody and access-related remedies after final judgment and the child's return.
3. Whether Petitioner was entitled to costs for bringing the post-judgment motion.
4. Whether the court should appoint counsel for Petitioner.

Disposition

denied