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BARDALES v. DUARTE

No. D048239.

181 Cal.App.4th 1262 (2010)

HECTOR BARDALES, Respondent, v. EMILIA DUARTE, Appellant.

Court of Appeals of California, Fourth District, Division One.

February 8, 2010.

Attorney(s) appearing for the Case

Beverly Baker-Kelly for Appellant.

Victor Mordey for Respondent.

OPINION

McCONNELL, P. J.—

INTRODUCTION

In this case we must decide whether a trial court had the power to dismiss a petition seeking return of children under the Hague Convention on the Civil Aspects of International Child Abduction, October 25, 1980, T.I.A.S. No. 11670 (Convention) because of the petitioner's delay in prosecuting it and then proceed to decide child custody and related matters under state law.

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