United States Court of Appeals For the First Circuit Nos. 19-2100 19-2217 NELIO NELSON GOMES DA SILVA, Petitioner, Appellee, v. MARCELENE DE AREDES, Respondent, Appellant. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Douglas P. Woodlock, U.S. District Judge] Before Howard, Chief Judge, Lynch and Lipez, Circuit Judges. Alexandre Edde Diniz de Oliveira, with whom Donna Saadati- Soto, Stephanie E. Goldenhersh, and Harvard Legal Aid Bureau were on brief, for appellant. Susan E. Stenger, with whom Elizabeth Griffin Crowley, Katie Menard Dalton, and Burns & Levinson LLP were on brief, for appellee. March 13, 2020 LYNCH, Circuit Judge. Marcelene de Aredes "wrongfully removed" her daughter A.C.A. from Brazil, as that term is used in the Hague Convention on the Civil Aspects of International Child Abduction, see T.I.A.S. No. 11,670 (incorporated at 22 U.S.C. § 9001 et seq.), and the child's father petitioned for her return. De Aredes appeals from a district court order rejecting her defenses to return and ordering the return of A.C.A. to Brazil with A.C.A.'s father, Nelio Nelson Gomes da Silva. De Aredes argues that the district court erred in finding that two affirmative defenses to return under the Hague Convention did not apply. She also argues the district court abused its discretion in denying her motion for a new trial. We affirm the district court's decisions, with this technical caveat: we direct the district court modify the language of the injunctive decree that directs A.C.A.'s return to Brazil. Modification is necessary to prevent the injunction from being read to have made an inappropriate custody determination. I. We briefly address the factual background of A.C.A.'s removal from Brazil and then turn to the procedural history of the case. - 2 - A. Factual Background De Aredes and da Silva, both Brazilian citizens, met in 1998 and soon after began dating in Muriaé, Brazil.1 The two lived together from 2007 to 2016. They were never married. In 2010, de Aredes gave birth to A.C.A., who is the natural child of da Silva. In February 2016, de Aredes and da Silva separated, and da Silva moved out of their home, to a house next door to de Aredes. M.A. and A.C.A. continued to reside with de Aredes in her home. The district court found that de Aredes had suffered some degree of abuse by da Silva. In September 2016, de Aredes took M.A. and A.C.A. to de Aredes's parents' house in Cuparaque, Brazil. De Aredes, M.A., and A.C.A. stayed in Cuparaque for a few months. During this time, da Silva did not travel to Cuparaque or visit A.C.A. In December 2016, and without da Silva's consent or knowledge, de Aredes took the children to the United States. The Brazilian courts were never asked to determine custody or whether de Aredes had been abused. De Aredes, M.A., and A.C.A. arrived in the United States on or around December 17, 2016, without a visa or other permission to enter. De Aredes did not formally apply for ...
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