M.P.S. C/ M.V.M.S. S/ RESTITUCI?N INTERNACIONAL DE MENORES DE EDAD

INCADAT legal file Hague parental abduction

The child, a 3-year-old girl at the date of the decision, was born in Mexico. She lived with her parents, who had gotten married under the separation of property regime in Puerto Aventuras, Quintana Roo. On 6 December 2019, the mother reported the father for domestic violence before a Prosecution Office in Playa del Carmen, […]

K. K. J C/ P. C. .S S/ RESTITUCI?N INTERNACIONAL

INCADAT legal file Hague parental abduction

Removal and Retention – Arts 3 and 12 The Supreme Court of Mendoza held that for wrongful removal or retention to exist, two elements must be present, a legal and a factual one. The first one requires that the removal or retention of the child be in violation of the sole or shared custody rights […]

Dar?n v. Olivero-Huffman, 746 F.3d 1 (1st Cir. 2014)

INCADAT legal file Hague parental abduction

The proceedings related to a child born in Argentina in April 2008 to an Argentine father and an American mother from Puerto Rico. The child moved regularly between Argentina and the United States of America. The parents’ relationship was characterized by periods of separation and reconciliation. There was one incident in 2010 where the mother […]