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Trott v. Trott

Prior, Preclusive Bermuda Appellate Ruling Underlies Order Returning Children to Bermuda

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MEMORANDUM DECISION AND ORDER   On March 16, 2020, the petitioner, Keno Trott, brought this case against the respondent, Kristos Trott, also known as Kristos Clarke, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention” or “Convention”), as implemented by the International Child Abduction Remedies Act (“ICARA”), 22 U.S.C. §§9001-9011. (ECF Nos. 1-3.) Trott, a citizen of Bermuda, seeks the return of TKI and KMLT to Bermuda pending the resolution of custody proceedings in the Bermudian courts. (ECF No. 3 16.) Clarke, a United States citizen, moved to dismiss the petition on June 16, 2020. (ECF No. 24.) I heard oral argument on August 11, 2020.1 For the reasons that follow, the motion to dismiss the petition is denied and the petition is granted. BACKGROUND2 Trott and Clarke married in Bermuda in 2008, when TKI was ten months old. (ECF No. 3

20-21.) Although Trott is not TKI’s biological father, he raised her as his own, and the parties have always considered him to be TKI’s father. (Id. 21.) TKI was born in New York in 2007; she is now twelve years old and a United States citizen. (Id.

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