William M. Hilton, CFLS Box 269, Santa Clara, CA 95052 TEL: (408) 246-8511 FAX: (408) 246-0114 J. E. Aeliot Boswell, Esq. Boswell & Munson, E. Tower, 8th Floor 9100 Wilshire Blvd, Beverly Hills, CA 90212 TEL: (310) 273-3261 Attorneys for David R. Lockley Special Appearance: 42 U.S.C 11601 et seq. SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES In the Application of: ) No. BD 099830 ) David R. Lockley, Petitioner ) ORDER DIRECTING ) RETURN OF MINORS vs ) TO COUNTRY OF ) HABITUAL RESIDENCE Dana Lockley and/or Laura D. Robles ) Respondents ) _______________________________________) The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980 International Child Abduction Remedies Act, 42 U.S.C. 11601 et seq 1.0 STATUS 1.1 The matter before the court is a continuation of the hearing of 15 Jan 1993, the Hon. Irving S. Feffer, Presiding. 1.2 The following were present in court: 1.2.1 William M. Hilton, Attorney At Law. 1.2.2 J. E. Aeliot Boswell, Attorney At Law. 1.2.3 Roger D. Oglesby, Attorney At Law 1.2.4 Mary Saltzburg, Attorney At Law, of Public Counsel. 1.2.5 Patricia Freeman, Attorney At Law, of Public Counsel. 1.2.6 Laura D. Robles. 1.2.7 Dana Lockley. 1.2.8 David R. Lockley. 2.0 PRESENTATION OF EVIDENCE 2.1 All evidence shall be presented by declaration pursuant to Reifler v. Superior Court (Cal.App. 2 Dist. 1974) 39 Cal.App.3d 479 [114 Cal.Rptr. 356] and In re Marriage of Stevenot (Cal.App. 1 Dist. 1984) 154 Cal.App.3d 1051 [202 Cal.Rptr. 116]. 2.2 Following an in chambers discussion, the parties were sworn but did not give oral testimony. 3.0 APPLICABLE LAW 3.1 This matter is before this court pursuant to The Convention on Civil Aspects of International Child Abduction, done at the Hague on 25 Oct 1980 (The Convention) and the International Child Abduction Remedies Act (ICARA), 42 U.S.C. 11601 et seq. 3.2 David R. Lockley, the Petitioner, has a right of custody of the four minor children pursuant to 42 U.S.C. 11602(5) and Arts. 3 and 5 of The Convention. 3.3 The Minor children are: 3.3.1 Nina Ariana Margarita Lockley, dob 29 Jul 1982, age 16 on 29 Jul 1998. 3.3.2 Gabriel Anderson Lockley, dob 19 Mar 1984, age 16 on 29 Jan 2000. 3.3.3 Curtis David Lockley, dob 29 Jan 1986, age 16 on 29 Jan 2002. 3.3.4 Iris Olivia Dawn Lockley, dob 23 Aug 1989, age 16 on 23 Aug 2005. 3.4 The court makes its decision under the applicable law, Art. 12 of The Convention. 3.4.1 The Convention is implemented in the United States under 42 U.S.C. 11601 et seq. The United States became a contracting state to The Convention on 01 Jul 1988. 3.5 The court has read all of the documents submitted by the parties and makes the following findings of fact: 3.5.1 The four minor children were born in New Zealand. 3.5.2 The four minor children are the products of the marriage of David R. Lockley and Dana Lockley. 3.5.3 The children were resident in New Zealand from their birth until about 24 Dec 1991 when they left New Zealand for a visit to the United States with Dana Lockley. 3.5.4 Dana Lockley has refused to return the children to New Zealand at the end of their visit to the United States on or about 01 Jul 1992. 3.5.5 The Court has read and considered the alleged comments of Gabriel Anderson Lockley. The court finds that Gabriel is of sufficient age to testify and that he has apparently indicated that he would prefer to stay in the United States because he enjoys his school and he wants to continue his friendship with his cousin and his best friend. However the court determines that his wishes do not convince the court that an exception to the return of the child under Art. 12 has been made out. 3.6 The Court finds that the pre-requisites under The Convention have been shown. 3.6.1 Each of the minor children is under the age of 16. 3.6.2 The children have been wrongfully retained in the United States which is a Contracting State. 3.6.3 The Habitual Residence of the children was and is New Zealand, a Contracting State. 3.6.4 The retention of the children in the United States was in derogation of David R. Lockley's rights of custody under New Zealand law within the meaning of Art. 3 of The Convention. 3.7 The children are to be returned to their Habitual Residence of New Zealand in the care of their father David R. Lockley. 3.8 There shall be a private good bye meeting between and among the children, Dana Lockley and Laura Robles. 3.8.1 The meeting shall take place at the office of Boswell and Munson at 9100 Wilshire Blvd., East Tower, 8th Floor,Beverly Hills, CA 90212 from 17:00 to 17:30. 3.8.2 There will be no news media in the private goodbye meeting. 3.9 All of the children's clothing and personal effects shall be turned over to David Lockley at 17:00 on 27 Jan 1993 at the Office of Boswell and Munson at the address shown in 3.8.1.. 3.10 David R. Lockley is to cause to be paid $25.00 to Dana Lockley for the purchase of a duffle bag in which to deliver some of the children's items to David R. Lockley. 3.11 The California Guardianship proceeding, Superior Court of Califonria, County of Los Angles, No. BP 019633, is vacated permanently. 3.12 Since it appears that neither Dana Lockley nor Laura Robles have sufficient financial resources, the court orders that each party is to pay their own attorney fees and costs. 4.0 ORDER DIRECTING RETURN OF MINORS TO COUNTRY OF HABITUAL RESIDENCE. 4.1 The court orders, pursuant to the provisions of The Convention and/or the International Child Abduction Remedies Act, 42 U.S.C. 11601 et seq., that the minors, Nina Ariana Margarita Lockley, dob 29 Jul 1982, Gabriel Anderson Lockley, dob 19 Mar 1984, Curtis David Lockley, dob 29 Jan 1986 and Iris Olivia Dawn Lockley, dob 23 Aug 1989 be returned with their father, David R. Lockley to the sovereign nation of New Zealand and to report the delivery of the children to the appropriate Central Authority in New Zealand. 4.1.1 By virtue of this order, David R. Lockley has the exclusive right to the physical and legal custody of the four (4) minor children during the period of time required to return the above-named minors to New Zealand, the country of the minors habitual residence. 4.2 This order is not a determination of the merits of any custody issues within the meaning of Article 19 of The Convention. 4.3 The order of this court is made under the authority of 42 U.S.C. 11603(a), conferring upon this court original and concurrent jurisdiction with federal district courts of the United States. THEREFORE, TO ANY PEACE OFFICER IN THE STATE OF CALIFORNIA OR TO ANY FEDERAL OFFICER: You are hereby commanded to enforce the instant order allowing David R. Lockley to remove the above-named minors from the United States of America, and to allow David R. Lockley to accompany them to the country of New Zealand giving said David R. Lockley the right, without interference, to have said children in his lawful custody for the purposes described herein. 4.4 This order, made on 27 Jan 1993, is effective forthwith and shall continue in force and effect until modified or canceled by a court of competent jurisdiction in New Zealand. Dated: 01 Feb 1993 /s/ Irving S. Feffer Hon. Irving S. Feffer Judge of the Superior Court State of California United States of America.