Quaini Law Firm

File Nº2004-0276-0-2702-JM-FA-01

Order issued by Thuringia Higher Regional Court ? 2 UF 485/19

L. E. A. C. s/ Restituci?n Internacional

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

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, […]
DEFENSOR??A DE POBRES Y AUSENTES NRO. 1 s/ RESTITUCI?N – RESTITUCI?N INTERNACIONAL DE MENOR

The case is about a seven-year-old girl born in the city of Arica, Republic of Chile, where she lived with her mother, of Argentine nationality, and her father, of Chilean nationality. After the parents decided to end their marriage, the father chose to stay in Arica, and the mother went back to the city of […]
K. K. J C/ P. C. .S S/ RESTITUCI?N INTERNACIONAL

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 […]
G., G. – Restituci?n Internacional de Menores de 16 A?os, Nº de Expediente 0002-019994/2015

The case concerned a child born in March 2011 in Buenos Aires, Argentina. The child lived there for an uninterrupted period in a house rented by his paternal grandmother. He was three years old at the time of the removal. The mother initiated maintenance proceedings against the father. In turn, the father sought the advice […]
Ferrari v. Romania (Application No 1714/10)

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

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 […]