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By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, April 21 –   Guillaume Jacquety is suing to take his daughter back from the United States to Morocco. There is a lawsuit, and there was a settlement conference on June 4, citing the Hague Convention.

But there are questions about Moroccan law, and a veil of secrecy.  Now in response to vows of 900 exhibits at trial, there's this: "During our last call, Respondent mentioned having over 900 exhibits. There is no conceivable scenario under which that many exhibits will be used/admitted at trial. Accordingly, the parties, particularly Respondent, are encouraged to shorten their list of exhibits. SO ORDERED. Proposed Pretrial Order due by 1/13/2021. (Signed by Magistrate Judge Robert W. Lehrburger on 1/12/2021)."

There are objections to a doctor's questions, and his objections back.

 Geraldine Helena Tena Baptista "took the Child from her habitual residence in Morocco" to Switzerland, according to the Complaint - but then "fraudulently obtain[ed] altered Portuguese travel documents." There is reference to a radiologist in New York she was allegedly having an affair with. 

  This was allegedly done with the assistance of an employee at the Portuguese Embassy in Switzerland.

  Now on April 21, 2021, this: "ORDER: This order addresses Respondent's letter dated April 21, 2021 (Dkt. 180) concerning the January 26, 2021 custody order of the Moroccan divorce court (the "Custody Order"). 1. By April 28, 2021, Petitioner shall file a response. 2. The response shall include in addition to other information that Petitioner may wish to provide (a) a sworn statement from Petitioner as to when and how he first became aware of the Custody Order, and (b) a sworn statement from Petitioner's U.S. counsel as to when and how they first became aware of the Custody Order. 3. Petitioner's response shall also include a certified translation of the Custody Order. If the certified translation cannot be obtained by April 28, 2021, then Petitioner shall submit the certified translation at its earliest availability thereafter. 4. Respondent may file a certified translation of the Custody Order as well. 5. By April 28, 2021, Respondent shall file a letter addressing whether and to what extent Respondent was represented for the time period between June 16, 2020 (when the provisional custody order of the Moroccan court issued) and January 26, 2021 by attorney Malika Khaliss (or any other attorney) in the proceedings leading to the Moroccan Custody Order. (Signed by Magistrate Judge Robert W. Lehrburger on 4/21/2021) Copies transmitted this date to all counsel of record."

 Back in September, she submitted a declaration about her Moroccan cell phone, which was restored to factory settings and given away after even its WhatsApp function was cut off.

Now on November 23 Jacquety's lawyer has written to Judge Lehrburger to complain about the failure to respond to the questions of Dr. Peter J. Favaro "in advance of Dr. Favaro's interview with the child."

For his part, Dr. Favaro wrote that "as a result of the communications between the attorneys I be [sic] revisiting whether any interview with Ella would be worthwhile under the present conditions."

On November 25 Judge Lehrburger held another proceeding, and Inner City Press again covered it. This time focus turned to the specifics of Facetime calls and visits, and grandparents participating in one visit on or around December 25. Dr. Favaro will have to edit his questionnaire but can go forward. Third party monitoring of visits was discussed, as well as who should pay for it. The case proceeds.

The case is Jacquety v. Tena Baptista et al., 19-cv-9642 (Marrero / Lehrburger). 

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