Luis Ischiu v. Gomez Garcia

Guatemala natives William Estuardo Luis Ischiu (plaintiff) and Nely del Rosario Gomez Garcia (defendant) married and had one child. Garcia endured significant sexual and physical abuse by Ischiu and his family. Eventually, Garcia escaped with the child and obtained a Guatemalan protective order called a security-measures order against Ischiu. Ischiu violated the order by appearing at the Garcia family home making death threats aimed at Garcia. Following Ischiu’s threats, Garcia’s family sent Garcia and the child to the United States. In response, Ischiu filed a petition in federal district court seeking the return of the child pursuant to the International Child Abduction Remedies Act (Hague Convention). Ischiu argued that Garcia wrongfully removed the child from Guatemala. Garcia argued that the child had not been wrongfully removed, because Ischiu had lost his custody rights pursuant to the security-measures order. Alternatively, Garcia argued that the child, who was six years old, was mature enough to make his own decision about returning to Guatemala. Garcia also argued that there was a grave risk that the child would suffer physical and psychological harm or be placed in an intolerable situation if returned. The court held a hearing. Garcia testified about the severe abuse she had experienced. Ischiu and multiple family members denied the abuse but appeared to have coordinated false narratives. Evidence was also introduced that the child had witnessed and was aware of the abuse.