Fabrizio Guzzo v. Erica Hansen ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-2972
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Fabrizio Guzzo
Petitioner - Appellee
v.
Erica Anne Hansen
Respondent - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: November 7, 2023
Filed: December 5, 2023
[Unpublished]
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Before BENTON, MELLOY, and GRASZ, Circuit Judges.
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PER CURIAM.
In this matter under the Hague Convention on the Civil Aspects of
International Child Abduction,1 Erica Hansen, a United States citizen, appeals the
1
Pub. L. 100-300 Sec. 2(a)(4), codified as the International Child Abduction
Remedies Act, 22 U.S.C. § 9001(a)(4).
district court’s2 order that her son with Fabrizio Guzzo be returned to Spain. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
Hansen argues that the district court erred in determining the record did not
support her defenses to returning her son to Spain. This court discerns no error in
the district court’s conclusion that Hansen failed to establish her son would face a
grave risk of harm if returned to Spain. See Acosta v. Acosta, 725 F.3d 868, 874 (8th
Cir. 2013) (standard of review); see also Nunez-Escudero v. Tice-Menley, 58 F.3d
374, 377 (8th Cir. 1995) (grave-risk inquiry only requires assessment of whether
child will face immediate and substantial risk of an intolerable situation if he is
returned to habitual residence). This court discerns no error in the district court’s
finding that, even if her son had attained sufficient maturity to consider his views,
he did not express a particularized objection to living in Spain. See Custodio v.
Samillan, 842 F.3d 1084, 1089 (8th Cir. 2016) (standard of review); see also
Dubikovskyy v. Goun, 54 F.4th 1042, 1048 (8th Cir. 2022) (child’s preference or
generalized desire to remain in United States is insufficient, as child’s testimony
must include particularized objections to returning to former country).
The judgment is affirmed. See 8th Cir. R. 47B.
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2
The Honorable Patricia L. Cohen, United States Magistrate Judge for the
Eastern District of Missouri, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
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