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, Quintana Roo.
On 7 February 2020, the mother travelled with the child to the Argentine Republic, with the father’s consent in writing, to assist the child’s great-grandmother, who was to undergo surgery there. The child was to return to Mexico in February 2020, but did not do so. Instead, the child and her mother settled in the city of La Calera (Province of C?rdoba, Argentina). On 12 February 2020, the mother filed a complaint for domestic violence with the C?rdoba courts.
The father filed an application for the international return of the child with the Argentine Central Authority. Court proceedings were initiated in C?rdoba in May 2020. In July 2020, the mother reported the father for the sexual abuse of the child to the Women’s Office, which submitted a report before the Unit for the Investigation of Crimes against Sexual Integrity. On 30 December 2020, the return application was dismissed by a first instance family court in the City of C?rdoba, on grounds of psychological, physical, economic, and sexual violence against the mother, to which the child had been exposed. The father filed a notice of appeal against the decision, which was dismissed and finally decided by the Division in Civil and Commercial Matters of the Supreme Court of C?rdoba.
The father filed an extraordinary appeal before the Supreme Court of Justice. The resolution of the appeal is still pending.
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