Continental Airlines Sued for Negligence by Father of Kidnapped Three-Year-Old Child Illegally Taken by Plane to Mexico by Ex-Wife

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

 



Continental Airlines Sued for Negligence by Father of Kidnapped Three-Year-=
Old Child Illegally Taken by Plane to Mexico by Ex-Wife =0A=0A =0A=0AMonday=
 January 29, 9:31 AM EST =0A=0A=0ABOSTON, Jan 29, 2007 /PRNewswire via COMT=
EX/ -- The father of a still-missing three-year-old girl who was kidnapped =
by her mother and illegally taken by plane to Mexico in March 2006 filed a =
lawsuit in Boston federal court today against Continental Airlines for negl=
igence, breach of contract and interference with custodial relations. The c=
hild's mother, who remains at large in Mexico, has been charged in the U.S.=
 with a felony kidnapping.=0AThe lawsuit was filed in U.S. District Court i=
n Massachusetts by the law firm Kreindler & Kreindler LLP on behalf of plai=
ntiff Didier Combe, an American citizen residing in Massachusetts. The suit=
 contends that Continental Airlines, in violation of its own rules, failed =
to protect the child, Chloe Combe-Rivas, from the criminal actions of her m=
other, Aline Rivas-Vera, a citizen of Mexico.=0A=0AMexican Law, Continental=
 Regulations Intended to Prevent Child Abduction=0AMexican law requires tha=
t a single-parent passenger traveling alone with a minor-age child possess =
and present a notarized letter from the absent parent authorizing travel fo=
r that child out of the United States into Mexico. The lawsuit contends tha=
t, in allowing Ms. Rivas-Vera to travel to Mexico with the child without he=
r presenting that authorization, Continental breached its own rules and reg=
ulations as stated in the terms of its contract of carriage that the airlin=
e makes with its passengers and which are consistent with that Mexican law.=
=0A"The laws and regulations applicable in this case are specifically in pl=
ace to prevent international parental abduction," said Anthony Tarricone, a=
 law partner at Kreindler & Kreindler's Boston office representing Mr. Comb=
e. "Continental Airlines was the last line of defense to thwart this abduct=
ion and protect this child. The airline's own rules dictate that if a paren=
t attempts to bring a minor child across the Mexican border, that parent mu=
st first provide written authorization from the child's other parent, or pr=
oof of sole custody. Continental failed its own contractual test, and there=
fore its legal and moral responsibilities. The airline must be held account=
able for the immeasurable hardship suffered by Chloe's father and the irrep=
arable damage Chloe is now suffering as the authorities continue their sear=
ch for her throughout Mexico."=0AFelony Charges Filed; International Parent=
al Kidnapping Common=0AMs. Rivas-Vera kidnapped Chloe, a U.S. citizen, on M=
arch 15, 2006, taking her then-two-year-old daughter on Continental Flight =
2547 from Kansas City, MO, to Houston, TX, and continuing on Flight 1524 fr=
om Houston to Mexico City without Mr. Combe's consent or permission. At the=
 time of the kidnapping, the married couple was in the process of divorce p=
roceedings. Mr. Combe, now lawfully divorced from Ms. Rivas-Vera, was subse=
quently granted sole custody of their daughter by court orders in April and=
 July 2006.=0AIn May 2006 the State of Missouri filed Class D felony charge=
s of parental kidnapping against Ms. Rivas-Vera. Federal authorities issued=
 an international kidnapping warrant in June 2006 for the arrest of Ms. Riv=
as-Vera. Mr. Combe recently relocated to his sister's Massachusetts home fr=
om his home in Kansas City, MO, to work full time on the search for his dau=
ghter. He is collaborating with the U.S. Department of State to locate Chlo=
e and bring her back to the U.S. Mr. Combe has visited Mexico several times=
 to find his daughter.=0A"By not following its own stated company guideline=
s or the relevant international laws in place to protect children, Continen=
tal Airlines was complicit and participated in the abduction of my daughter=
," said Mr. Combe. "The airline had every opportunity to prevent this horri=
fic crime and did not. Continental checkpoints at two U.S. airports for two=
 different flights missed all the signs the airline should have recognized,=
 including a lack of documentation from me authorizing Chloe's travel and n=
ot recognizing as a red flag the different last names of my ex-wife and Chl=
oe. This airline failed to protect my little girl."=0AMr. Tarricone contend=
s that the border between the U.S. and Mexico is a known corridor for paren=
ts abducting children from their custodial parents, and that Continental kn=
ew or should have known of the prevalence of international parental kidnapp=
ing in this region.=0AMr. Tarricone noted that the Terms and Conditions of =
travel found on Continental's web site (http://www.covacations.com/terms.as=
px) make clear the company's policy regulating the transport of minors who =
are traveling to Mexico. It states:=0A    * Minors under 18 years of age tr=
aveling to Mexico, Brazil and Chile:=0A      Notarized letter of consent th=
at has a valid period of 30 days and is=0A      good for a single entry.=0A=
    * If traveling unaccompanied: A notarized letter of permission (origina=
ls=0A      only) signed by both parents and an individual passport.=0A    *=
 If traveling with only one parent: A notarized letter of permission=0A    =
  (originals only) signed by the other parent.=0A    * In case of deceased =
or divorced parents: Legal proof must be submitted=0A      to accept only o=
ne parent's signature on the notarized letter of=0A      permission in orde=
r to establish that signing parent has legal custody=0A      of the minor.=
=0A=0A=0AAccording to the U.S. State Department (Trial Magazine, December 2=
006), since the late 1970s, "at least 16,000 children were either abducted =
from the United States or prevented from returning to this country by one o=
f their parents."=0A"The problem of parental kidnapping is real and substan=
tial, and widely known throughout the airline industry," said Mr. Tarricone=
. "Tragically, in this case, Continental wasn't watching its own doors."=0A=
Anyone with knowledge of Chloe's and/or Ms. Rivas-Vera's whereabouts is enc=
ouraged to contact the Kansas City Division of the Federal Bureau of Invest=
igation (FBI) at 816-512-8200, or write to chloekidnap@xxxxxxxxxx=0AAbout K=
reindler & Kreindler LLP=0AFounded in 1950, Kreindler & Kreindler LLP (www.=
kreindler.com), with offices in New York, Los Angeles and Boston, is nation=
ally recognized as the first and most prominent aviation law firm in the na=
tion. The firm has been lead plaintiff legal counsel in hundreds of aviatio=
n cases, including litigation stemming from the September 11 terrorist atta=
cks; the bombing of Pan Am Flight 103 over Lockerbie, Scotland; the downing=
 of Korean Airlines Flight 007; and many cases of private, commercial and m=
ilitary crashes. Its ranks include airplane and helicopter pilots, engineer=
s and other technical experts. For more information contact 617-424-9100 or=
 212-687-8181.=0ASOURCE Kreindler & Kreindler LLP=0ACONTACT:          Jay S=
. Winuk, +1-845-277-1160, +1-914-523-3227 cell, jay@xxxxxxxxxxx; or Jeff Mc=
Cord,=0A                  +1-540-364-4769, jmccord@xxxxxxxxxxxxx=0AURL:    =
          http://www.kreindler.com=0A                  http://www.covacatio=
ns.com/terms.aspx=0A                  http://www.prnewswire.com=0Awww.prnew=
swire.com=0A=0ACopyright (C) 2007 PR Newswire. All rights reserved

[Index of Archives]         [NTSB]     [NASA KSC]     [Yosemite]     [Steve's Art]     [Deep Creek Hot Springs]     [NTSB]     [STB]     [Share Photos]     [Yosemite Campsites]