SARGON ROSE: Missing Child – A Mother’s Nightmare!

A mother is with her child at home here in the States. Suddenly her son is kidnapped and taken away. It is feared that the father has taken the child to Baja, Mexico, in 2012. There are laws set into place to bring back the child if taken out of the country by a parent. […]

Mendoza v. Silva, 987 F.Supp.2d 910

INCADAT legal file Hague parental abduction

http://www.iand.uscourts.gov/e-web/decisions.nsf/0/D58333388AAD238386257C8D0070964F/$File/MWB-13-4108,+Mendoza+v.+Silva,+Other-fees+and+expenses+under+ICARA,+02192014.pdf

Ruiz v. Tenorio, 392 F.3d 1247 (11th Cir. 2004)

INCADAT legal file Hague parental abduction

Appeal dismissed and application dismissed; the Convention was not applicable as the children had never lost their habitual residence in the United States during their two year ten month stay in Mexico.

Gonzalez v. Gutierrez, 311 F.3d 942 (9th Cir 2002)

INCADAT legal file Hague parental abduction

Appeal allowed and application dismissed; a right of veto over the removal of a child from the jurisdiction did not afford a non-custodial parent a “right of custody” for the purposes of the Convention.