G., P. C. c. H., S. M. s/ reintegro de hijos

INCADAT legal file Hague parental abduction

Share THIS:



The proceedings concerned three children. The father (Argentinean) and the mother (of American citizenship and Argentinean nationality) married in November 1999 in Argentina. The first son was born in June 2000 and the second in January 2002, both in Argentina.
In January 2003, the family moved to the United States of America. In February 2004, the third child of the marriage was born there. On 7 June 2008, the mother travelled to Argentina with the three children to visit their family with the father’s consent. They agreed they would return in July. On 29 June 2008, the mother informed the father that the children would not return to the United States of America.
Upon request by the father, on 17 February 2009, the Court of the State of Tippecanoe (United States of America) ruled that, since the parents were married at the time of the children’s births, the father held custody rights in relation to the children at the time of the trip to Argentina, of which he was deprived because of the mother’s retention. Therefore, the retention constituted a violation of the father’s custody rights.
On 26 May 2009, the father requested the children’s return under the Hague Child Abduction Convention. Both the first instance and the appellate Courts ordered the return of the children. The mother appealed the decision to the Supreme Court.