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CHARLOTTE, N.C.—Cross-border child custody disputes are notoriously difficult to resolve. But Womble Carlyle attorney Russ Ferguson went to bat for a Dominican dad whose children were taken to the U.S., and Ferguson succeeded in getting the children safely returned.
In June 2013, Ferguson received a request from the U.S. State Department to help David Montero, a father from the Dominican Republic, recover his children from his ex-wife under the Hague Convention on the Civil Aspects of International Child Abduction. Montero’s wife took the couple’s four children (ages two through six) to the U.S. and secretly withdrew Mr. Montero’s immigration petition with the Department of Homeland Security, meaning he had to return to the Dominican Republic while his ex-wife kept the children in the U.S.
Ferguson went to work, filing a temporary restraining order under terms of the Hague Convention. This restraining order was granted, and the two sides had an evidentiary hearing before U.S. District Court Judge Max Cogburn. Judge Cogburn ruled that the Montero children should be returned to the Dominican Republic.
Russ Ferguson represents clients in a broad range of complex civil litigation matters, focusing both on white collar criminal defense and general business litigation. Ferguson’s current cases involve financial transactions, mergers, federal investigations, asset forfeiture matters, and criminal fraud, as well as defending companies in employment litigation, breach of contract legal matters, and government enforcement actions. As a former federal prosecutor, he tried 26 cases to verdict. He practices in Womble Carlyle’s Charlotte office.