Dustin Granted Full Custody in Peru

22 July 2016

Judiciary: US citizen Dustin Kent granted full custody of his daughter in Peru.

The Second Specialized Family Court of Lima granted exclusive legal and physical custody of the five-year-old minor Adrianna to her father, the American citizen Dustin William Kent, who is being held in the Miguel Castro Castro maximum security prison, accused of kidnapping his daughter in San Borja last February.

This order was ordered within the Exequatur process that was in the Second Family Court of Lima, where Dustín Kent requested that Peru recognize the foreign judgment of the Superior Court of the State of California, County of Los Angeles, Northwest District. Van Nuys, United States, which resolves to hand over custody of his daughter with the initials Adrianna on April 24, 2015.

The resolution adds that the hearing for judicial action and declaration was then held, a procedure attended by the lawyer Sandro Monteblanco Márquez on behalf of Dustin Kent and incurred by Rose Mary Ann Chacón Castañeda.

Therefore, the Family Court concluded that the purpose of the Exequatur process is not the reexamination of what has already been judged, nor the analysis of the process itself, but rather the verification of formal compliance with the homologation requirements that Peruvian law establishes for its concession.

In this way, the senior judges of the Chamber, Elvira Alvarez Olazabal, Jorge Plasencia Cruz and Nancy Eyzaguirre Gárate, declared the lawsuit – filed by the American citizen Dustin Kent – founded and consequently the sentence issued by the Superior Court of the state of California on the 24th of April 2016 has a force of a national sentence. And they ordered that this resolution be approved or enforced.

Dustin’s lawyer, Sandro Monteblanco, said that “with this resolution his client is being proven right and he came to Peru to recover his daughter and never kidnapped her, while Rose Chacón Kent brought her daughter illegally without authorization from the Judicial Branch of the United States and did not go to the Lima Court to appeal or request custody of her daughter”.

Read Full Article: http://www.elpopular.pe/actualidad-y-policiales/2016-09-21-poder-judicial-ciudadano-estadounidense-gano-tenencia-de-su-hija