Marlon Abraham Rosasen v. Thea Marie Rosasen
According to the International Child Abduction Remedies Act ("ICARA ") 42 U.S.C. §§ 11601-11610 (2000) and the Hague Convention on the Civil Aspects of International Child Abduction ("Convention "), a parent may file a petition for return of their Child to the child 's country of habitual residence, if it appears that the child has been wrongfully abducted or retained.
First Question presented: Was the order to vacate trial ex-parte in chambers, revoking granted oral arguments and cross examination, Constitutional. See Gitter v. Gitter, 396 F. 3d 124, 131 (2d Cir. 2005) Monasky v. Taglieri, 140 S. Ct. 719, 723 (2020). Troxel v. Granville, U.S. 570 (2000).
Second Question presented: When the ameliorative measures imposed are ignored, and habitual residence since was found by the State Department to be the United States, what other remedies exists to restore fundamental rights and end emotional abuse, but to invoke the Convention 's Article 18, return remedy. See Washington v. Glucksberg, 521 U.S. 702 (1997), held that the Constitution, and specifically the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to direct the care, upbringing, and education of their children, See also Chafin v. Chafin , 568 U.S. 165, 179 (2013), and Mozes v. Mozes, 239 F.3d 1067, 1078 (9th Cir. 2001)). See State Departments views. (App. D).
Whether the order to vacate trial ex-parte in chambers, revoking granted oral arguments and cross examination, was constitutional