Duarte

ORDER

The majority of the panel has voted to deny petition for rehearing by the panel. Judge Pregerson votes to deny the suggestion for rehearing en banc and Judge Bright so recommends. Judge Bea votes to grant the petition for panel rehearing and suggestion for rehearing en banc.

The panel has voted to deny Appellant’s motion and amended motion to strike appellee’s petition for panel rehearing or rehearing en banc; motion and amended motion to seal and motion and amended motion for sanctions.

We have, however, noted Appellee Bar-dales’ assertion that the two children, now ages 11 and 10, would be subject to a potentially abusive environment if returned to the custody of the mother, Duarte, in Mexico.

The matter of abuse is not before us and was not reached by the district court. Thus, it is a non-issue but, nevertheless, a matter of concern. The proper place to assert such claim is in the district court under appropriate provisions of the Hague Convention and the affirmative defense of “Grave Risk” which Bardales has asserted in district court but which was never reached by the district judge.

We remind Bardales and his counsel that the Hague Convention, Article 13(b)…