Madrigal v. Tellez
| Decision Date | 02 September 2015 |
| Docket Number | EP-15-CV-181-KC |
| Parties | JORGE CARLOS VERGARA MADRIGAL, Plaintiff/Petitioner, v. ANGELICA FUENTES TELLEZ, Defendant/Respondent. |
| Court | U.S. District Court — Western District of Texas |
On this day, the Court considered Jorge Carlos Vergara Madrigal's First Amended Verified Petition for Return of Children Under the Hague Convention (the "Amended Petition"), ECF No. 58, in the above-captioned case (the "Case"). By the Amended Petition, Vergara alleges that his wife, Angélica Fuentes Téllez ("Fuentes"), wrongfully removed his two minor children, V.V.F. and M.I.V.F. (collectively, the "Children") from Mexico and retained them in the United States without his consent. See Am. Pet. 1.1 In accordance with the Hague Convention on the Civil Aspects of International Child Abduction ("Convention" or "Hague Convention"), Vergara seeks the Children's return to their country of habitual residence in Mexico. Id. at 11.
The Case has been a troubling one for this Court. In short, the evidence introduced by the parties causes the Court to wonder whether Vergara cares more about gaining a strategic advantage over his wife in their ongoing divorce proceedings than he does about the happinessand well-being of his Children. Indeed, since their separation, Vergara stripped Fuentes and the Children of their security in Mexico without warning, filed numerous criminal proceedings against Fuentes, and - most disturbingly - sought to completely terminate Fuentes's maternal rights on the basis that she is purportedly not "biologically related" to the Children. Vergara's actions are shocking, even by the standards of a bitter divorce and separation. Nevertheless, the Court's task is not to adjudicate the merits of the underlying custody dispute, but rather to "determine[] the country in which the custody decision is to be made." Sanchez v. R.G.L., 761 F.3d 495, 503 (5th Cir. 2014). In that vein, there is no doubt that the proper forum for the parties' custody dispute is in Mexico. Thus, for the reasons that follow, the Court GRANTS the Amended Petition, and ORDERS the Children returned to Mexico.
The Court held a hearing on the merits of Vergara's allegations on August 17-18, 2015. Having reviewed all admissible evidence in the record, the Court now enters the following findings of fact pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.2
1. Vergara is a well-known Mexican businessman, entrepreneur, and founder of Grupo Omnilife ("Omnilife"), a Mexican corporation. See Aug. 17, 2015, Tr. 53:12-24, 133:25-134:6, ECF No. 102. Among other entities, Omnilife owns Club Deportivo Guadalajara ("Chivas"), a Mexican soccer team. See id. at 97:1-5, 137:22-138:16, 248:10-25.
2. Fuentes is a well-known entrepreneur, activist, and businesswoman who has principally owned or worked for Mexican companies during her career. Id. at 238:4-240:16, 251:16-252:17. 3. Vergara and Fuentes first met in February 2007 in Ciudad Juarez. Id. at 50:14-21, 242:10-12. At the time, Vergara lived in Guadalajara, and Fuentes lived in Mexico City. Id. at 51:5-7, 242:13-18. After their first meeting, their relationship evolved into a professional and personal relationship. Id. at 244:5-9.
4. In September 2007, Vergara named Fuentes Chief Executive Officer ("CEO") of Omnilife. Id. at 243:11-14.
5. Shortly thereafter, Vergara and Fuentes began living together in Guadalajara, Mexico. Id. at 244:18-20.
6. Vergara and Fuentes were officially married in August 2008 in a civil ceremony in Mexico. Id. at 245:1-15; see also Certified Marriage Certificate, Pet'r Ex. 2.
7. On August 12, 2010, Fuentes gave birth to the couple's first child, V.V.F., in El Paso, Texas. Aug. 17, 2015, Tr. 56:15-20, 246:11-16. Fuentes gave birth in El Paso, Texas because that was where her doctor was located. Id. at 57:14-19. A short time after V.V.F.'s birth, the family returned to their home in Guadalajara, Mexico. Id. at 56:21-25, 246:17-22.
8. On September 27, 2010, Fuentes purchased a house in El Paso, Texas. See Special Warranty Deed, Resp't Ex. 29.3 Fuentes purchased the home solely in her name. See id.; see also Aug. 18, 2015, Tr. 202:14-17, ECF No. 103.
9. On March 15, 2011, Fuentes - who previously held dual citizenship in both Mexico and the United States - renounced her United States citizenship. Aug. 17, 2015, Tr. 262:11-14.
10. In August 2012, Fuentes and Vergara traveled to Fuentes's home in El Paso,Texas, to prepare for the birth of their second child. Id. at 64:5-8. The couple traveled early on in Fuentes's pregnancy for medical reasons. Id. Fuentes gave birth to M.I.V.F. in El Paso, Texas, on January 6, 2013. Id. at 57:23-24. As a result of pregnancy complications, Fuentes, Vergara, and the Children remained in El Paso, Texas until approximately February 2013. Id. at 64:5-8. Thereafter, the entire family returned to Guadalajara, Mexico. Id. at 57:25-58:9, 64:9-18.
11. In January 2014, Vergara, Fuentes, and the Children moved to Mexico City to live in a high-security apartment complex located at Calle Ruben Dario #115 (the "Ruben Dario Apartment"). Id. at 59:9-12, 60:7-21, 299:25-300:9. Vergara and Fuentes jointly researched preschools for V.V.F. and M.I.V.F., and ultimately enrolled the Children in The Roath's School in Mexico City. Id. at 80:17-23; see also Aug. 18, 2015, Tr. 201:8-25.
12. During this time, the Children participated in a variety of extracurricular activities, including ballet, gymnastics, horseback riding, and swimming. Aug. 17, 2015, Tr. 82:6-20. V.V.F. also took French lessons in the Ruben Dario Apartment. Id.; see also Aug. 18, 2015, Tr. 202:1-4.
13. Throughout their relationship, Fuentes and Vergara traveled internationally on a frequent basis for both business and pleasure. Aug. 17, 2015, Tr. 86:14-18. While the Children sometimes accompanied them on these international trips, the family always returned to their home in either Guadalajara or Mexico City at the end of their travels. Id. at 90:8-92:9, 288:12-24; see also Aug. 18, 2015, Tr. 203:18-204:6.
14. On April 1, 2015, Fuentes traveled with the Children to Punta Mita, Mexico in accordance with a pre-planned vacation. Aug. 17, 2015, Tr. 160:1-162:9, 288:25-289:3. Theoriginal plan was for Fuentes and the Children to travel back from Punta Mita to Mexico City on or about April 6, 2015, and then for Vergara to join them on a trip to Miami, Florida to celebrate the Easter holiday. Id. at 160:1-162:9, 288:25-289:14.
15. However, on or about April 1, 2015, Vergara removed Fuentes as CEO of Omnilife while Fuentes was on vacation with the Children. Id. at 161:10-14, 289:15-24.
16. On April 2, 2015, Fuentes discovered through media reports that Vergara had removed her as CEO of Omnilife. Id. at 289:15-24.
17. Instead of traveling to Mexico City, Fuentes flew to Ciudad Juarez on April 6, 2015, and then continued on to Miami, Florida with V.V.F. and M.I.V.F. Id. at 161:15-162:7, 291:4-21.
18. At some point on or about April 6, 2015, Vergara terminated the security protection assigned to Fuentes and the Children in Mexico.4 Id. at 290:15-24, 292:2-8; see also Aug. 18, 2015, Tr. 172:13-173-11. The Children had enjoyed such protection since they were born. Id. at 177:14-21.
19. On April 8, 2015, Vergara filed a separation proceeding against Fuentes in Mexico City. Aug. 17, 2015, Tr. 315:10-15; see also Appl. for Marital Separation, Pet'r Ex. 16.
20. On that same day, Fuentes's former attorney in Mexico, Ismael Reyes Retana Tello ("Reyes"), met with Vergara at Vergara's home. See Aug. 14, 2015, Dep. of Ismael Reyes Retana Tello 71:11-165 ("Reyes Deposition"), ECF No. 97.6 The purpose of the meeting was totry to resolve the parties' divorce amicably. Id.
21. A few days after the April 8, 2015, meeting, approximately 1,500 people identifying themselves as Omnilife employees protested in front of Reyes's law offices. Id. at 58:15-59:6. The protest was led by Vergara's cousin, Jose Vergara, and the protesters carried signs that said, "Corrupt Lawyers" and "Angelica, let us work." Id.
22. On April 9, 2015, Fuentes flew from Miami, Florida to her home in El Paso, Texas with the Children. Aug. 17, 2015, Tr. 291:17-21. On the advice of her counsel in Mexico, Fuentes decided to remain in the United States with the Children. Id. at 293:13-294:6.
23. On April 27, 2015, Vergara filed a petition for divorce in Mexico. Id. at 73:22-25, 353:8-14; see also Lawsuit: No-Fault Divorce ("Divorce Petition"), Pet'r Ex. 19. By the Divorce Petition, Vergara claimed for the first time that Fuentes was "not the [biological] mother of the minors," and instead gave birth to the Children via surrogacy (the "Surrogacy Allegations"). See Divorce Pet. ¶ III(a). On this basis, Vergara sought to (1) terminate all of Fuentes's maternal rights, (2) remove any reference to Fuentes as the Children's mother from Mexico's national identity registration, and (3) prevent Fuentes from "hav[ing] any right to spend time with the minors." Id. ¶¶ III(b)-(g). He further requested a "restraining order [prohibiting Fuentes from] approaching or maintaining contact by any means with the minors." Id. ¶ III(h).
24. On May 5, 2015, Fuentes filed an answer to the Divorce Petition requesting that the Court award her temporary care and custody of the Children. See Fuentes Answer to Divorce Petition at 000551, Pet'r Ex. 20. In her answer, Fuentes further requested "temporary use of themarital domicile" in Mexico City. See id.
25. On May 7, 2015, the First Family Court of the Supreme Court of Justice of the Federal District in Mexico ("First Family Court") granted Fuentes provisional custody of the Children. See May 7, 2015, Order ("May 7 Order"), Pet'r Ex. 21. The First Family Court went on to state that Fuentes "must exercise" her temporary custody at the "marital domicile," and that within "three calendar days," Fuentes had to "state[] under oath the name of the school her minor children are attending, as well as...
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