Wife Took Couple's Daughter To Mexico Aboard Plane
The father of a still-missing three-year-old girl who was
allegedly kidnapped by her mother and taken illegally by plane to
Mexico in March 2006 has filed a lawsuit in a Boston federal
court Tuesday against Continental Airlines for negligence, breach
of contract and interference with custodial relations. According to
the firm representing Didier Combe, the child's mother, who remains
at large in Mexico, has been charged in the US with a felony
kidnapping.
The lawsuit was filed in US District Court in Massachusetts by
the law firm Kreindler & Kreindler, LLP, on behalf of Combe.
The suit contends that Continental Airlines, in violation of its
own rules, failed to protect his child, Chloe Combe-Rivas, from the
criminal actions of her mother, Aline Rivas-Vera, a citizen of
Mexico.
According to court papers, Rivas-Vera kidnapped Chloe, a US
citizen, on March 15, 2006, taking her on Continental Flight 2547
from Kansas City, MO, to Houston, TX, and continuing on Flight 1524
from Houston to Mexico City without Combe's authorization. At the
time of the kidnapping, the married couple was in the process of
divorce proceedings. Combe, now lawfully divorced from Ms.
Rivas-Vera, was subsequently granted sole custody of their daughter
by court orders in April and July 2006.
In a release Kreindler and Kreindler says Mexican law requires
single-parent passengers traveling alone with a minor-age child
present a notarized letter from the absent parent authorizing him
or her to take the child across the border. The lawsuit contends
that, in allowing Rivas-Vera to travel to Mexico with the child
without presenting authorization, Continental breached its own
rules as stated in the terms of its contract of carriage.
"The laws and regulations applicable in this case are
specifically in place to prevent international parental abduction,"
said Anthony Tarricone, a law partner at Kreindler &
Kreindler's Boston office. "Continental Airlines was the last line
of defense to thwart this abduction and protect this child."
Since Rivas-Vera took Chloe to Mexico, the State of Missouri has
filed Class D felony charges of parental kidnapping against her and
US Federal authorities have issued an international kidnapping
warrant for her arrest. Authorities are working with Combe to
locate his daughter and return her to the US.
Combe said, "Continental checkpoints at two US airports
...missed all the signs the airline should have recognized,
including ...not recognizing as a red flag the different last names
of my ex-wife and Chloe."
Mr. Tarricone noted that the Terms and Conditions of travel
found on Continental's web site make clear the company's policy
regulating the transport of minors who are traveling to Mexico. It
states the requirements for minors under 18 years of age traveling
to Mexico, Brazil and Chile as:
-
Notarized letter of
consent that has a valid period of 30 days and is good for a single
entry
- If traveling unaccompanied: A notarized letter of permission
(originals only) signed by both parents and an individual
passport
- If traveling with only one parent: A notarized letter of
permission (originals only) signed by the other parent
- In case of deceased or divorced parents: Legal proof must be
submitted to accept only one parent's signature on the notarized
letter of permission in order to establish that signing parent has
legal custody of the minor
"The problem of parental kidnapping is real and substantial, and
widely known throughout the airline industry," said Mr. Tarricone.
"Tragically, in this case, Continental wasn't watching its own
doors."
The FBI has urged anyone with knowledge of Chloe's and/or
Rivas-Vera's whereabouts to contact its Kansas City Division at
816-512-8200.
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