In Re the Application of: 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

F ABRICIO RAUL BENAVIDEZ, 

Case No. 3:16-cv-00385-AA 

OPINION AND ORDER 

Petitioner, 

and 

EMILY ROSE CAMERON, 

Respondent. 

AIKEN, Judge: 

On March 1, 2016, petitioner Benavidez filed a Petition for Return of Children to 

Petitioner under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. §§ 9001, 

et seq., and the provisions of the Convention on the Civil Aspects of International Child 

Abduction, done at The Hague on October 25, 1980 (Convention). 

According to the petition, Benavidez is a resident of Argentina and the father of two 

children, DGBC, now age 4, and YSBC, age 1. Benavidez asserts that he and respondent 

Cameron, the children's mother, resided together in Argentina until approximately late March of 

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2015. At that time, Cameron traveled with the children from Argentina to the United States, with 

an expected return date of April 10, 2015. On or about April 2, 2015, Cameron contacted 

Benavidez and informed him that she would not return the children to Argentina. Benavidez 

believes that Cameron and the children are currently in the State of Oregon. 

Benavidez asserts that he has custody rights pursuant to Argentine law, and that he was 

exercising those rights when Cameron removed the children from Argentina. Benavidez alleges 

that Cameron wrongfully removed the children from Argentina, the children's habitual 

residence, and he seeks return of the children. At the time he filed the petition, Benavidez did not 

seek an order to show cause or other form of relief. Further, the court record does not reflect that 

Benavidez provided the original and service copies of the summons for service on respondent. In 

August 2015, the court ordered Benavidez to show cause why the action should not be dismissed 

for failure to serve Cameron with summons and the petition. 

In response, Benavidez explained that he did not have knowledge of Cameron's 

whereabouts until June 2016 and that dismissal would prejudice him. Benavidez also filed a 

Motion for Order Ne Exeat, forbidding Cameron from removing the children from the State of 

Oregon, and a Motion for Order to Show Cause why the children should not be returned to 

Argentina. Benavidez represents that service of summons, the petition, and orders of the court (if 

issued) should be effectuated once the court resolves his motions. 

I find that Benavidez presents sufficient evidence to warrant a show cause hearing. See 

docs. 12, 13. Accordingly, within seven (7) days from the date ofthis Order, petitioner shall: 

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1. Prepare summons with updated addresses (noted below) for respondent and 

submit it to the Clerk of Court for issuance; 

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Case 3:16-cv-00385-AA Document 21 Filed 10/25/16 Page 2 of 4
2. Provide the original and service copies of the issued summons, the petition, the 

Motion for Order to Show Cause, and this Opinion and Order for service upon the 

respondent, to the Clerk of Court for service; and 

3. Complete the U.S. Marshals Service Form (USM285) for defendant and submit it 

to the Clerk of Court. Summons forms and the USM285 forms may be obtained 

on request from the Clerk of Court's Office. 

By separate order filed concurrently with this Opinion and Order, the court shall order the 

United States Marshal's Office to attempt personal service of the petition, summons, and 

relevant court orders on Emily Rose Cameron at the following· addresses in Seaside and Astoria, 

Oregon: 

711 16th Ave. 

Seaside, OR 97138 

714 Harrison Ave. 

Astoria, OR 97103 

See Fed. R. Civ. P. 4(c)(3) (allowing service by United States Marshal). 

Further, Benavidez shall serve summons and the petition on Cameron by certified mail at 

the Seaside and Astoria addresses noted above and also by electronic mail, as Benavidez 

represents that he has been in electronic communication with Cameron. Benavidez shall provide 

proof of service by mail and by electronic mail within five days after such service. Benavidez 

shall inform the court immediately if he discovers another address at which Cameron may be 

served. 

The court shall further order Cameron to appear before this court and shall prohibit 

Benavidez and Cameron from removing the children from the State of Oregon. At the initial 

hearing, the court will schedule a subsequent hearing to determine whether Benavidez is entitled 

to relief under the Convention and I CARA, and if so, whether the children should be returned to 

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Argentina for custody proceedings. According, petitioner's Motions for Order ne Exeat and to 

Show Cause (docs. 15, 17) are GRANTED to the extent noted. 

IT IS SO ORDERED. 

Dated this~ of October, 2016. 

Ann Aiken 

United States District Judge 

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