CA Rouen, 30 octobre 2008, No de RG 08/02361
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, […]
Solis v Tibbo Lenoski [2015] BCCA 508
Ortiz v. Martinez, 789 F.3d 722 (7th Cir. 2015)
The appellant father and respondent mother lived in Mexico together with their two children, a girl and boy aged seven and 16, respectively, at the time of the proceedings. In August 2011, they all travelled to Chicago. The appellant returned to Mexico, but the respondent and children did not return. The appellant filed an action […]
Sanchez v. R. G. L. ex rel. Hernandez, 2014 U.S. App. LEXIS 14849 (5th Cir. 2014)
Three children were born and raised in Mexico, and are Mexican citizens. They lived with their mother and her boyfriend. On 9 June 2012, the children’s aunt and uncle brought the children, without their mother’s knowledge or consent, to Texas. After the mother’s several requests for her children’s return, on 18 July 2012, the children’s […]
Mendoza v. Silva, 987 F.Supp.2d 883
Valenzuela v. Michel, 736 F.3d 1173 (9th Cir. 2013)
The proceedings concerned twin girls born to unmarried parents in 2008. At the time of the birth the parents lived together in Mexico. In 2009, the parents agreed that the father would move to the United States of America, and that they would put in place an arrangement to keep the girls in the United […]
Broca v. Giron 2013 WL 867276 (E.D.N.Y.)
The proceedings concerned two children, born in Mexico, to married Mexican parents, in December 1997 and October 2002. An older sibling was born in March 1996. The action in respect of this child was dismissed on 12 May 2012, after the latter had turned 16 (the Hague Child Abduction Convention only applies to children under […]
Cass Civ 1?re, 12 avril 2012, Nº de pourvoi 11-20.357
Objections of the Child to a Return – Art. 13(2) The mother complained that the Court of Appeal had ruled without interviewing the two children, who had applied for it. The Supreme Court observed that the Court of Appeal had “rightly pointed out that interviewing a minor was contingent on the latter’s understanding” and that […]
CA Rennes, 28 juin 2011, No de RG 11/02685
Rights of Custody – Art. 3 It was not disputed that, under Mexican family law, the parents exercised over their children parental authority which can be forfeited, in the situations listed by law, pursuant to a court ruling. According to the mother, the father had forfeited parental authority but she did not provide evidence of […]