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Case Name
Pina v. Chavez No. 25 CV 10337
INCADAT reference
HC/E/US 1748
Court
UNITED STATES OF AMERICA
United States District Court for the Northern District of Illinois, Eastern Division
First Instance
Georgia N. Alexakis, United States District Judge
States involved
MEXICO
UNITED STATES OF AMERICA
Decision
6 March 2026
Final
Grave Risk - Art. 13(1)(b)
Return refused
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Hernandez v. Cardoso, 844 F.3d 692, 694 (7th Cir. 2016) ; Khan v. Fatima, 680 F.3d 781, 785 (7th Cir. 2012); Ho v. Ho, No. 20 C 6681, 2021 WL 2915161 (N.D. Ill. July 12, 2021); Ortiz v. Martinez, 789 F.3d 722, 723 (7th Cir. 2015); Estrada v. Salas-Perez, 12 C 1016, 2012 WL 4503147 (N.D. Ill. Sept. 28, 2012); Altamiranda Vale v. Avila 538 F.3d 581, 587 (7th Cir. 2008); Lopez v. Alcala 547 F. Supp. 2d 1255, 1262 (M.D. Fla. 2008); Di Giuseppe v. Di Giuseppe, 07-CV-15240, 2008 WL 1743079 (E.D. Mich. Apr. 11, 2008); Van De Sande, 431 F.3d at 570
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SYNOPSIS
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Two children wrongfully removed at ages 8 and 9 – Nationals of Mexico – Father national of Mexico – Mother national of Mexico – Children lived in Mexico until September 2024 – Return refused – Main issue: Article 13(1)(b), the mother established clear and convincing evidence of abuse
SUMMARY
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Facts
The parents met in 2015 and had two children, age 9 and 8 years old at the time of the hearing. The whole family were Mexican citizens and the children had lived solely in Mexico from the time of their births until they were taken by their mother to the USA in September 2024.
The father did not consent to the removal and filed an application under the 1980 Hague Abduction Convention for the return of the child.
The mother argued that the father had been abusive towards her and the children, and that Article 13(1)(b) applied.
Ruling
Return refused, Article 13(1)(b) applied.
Grounds
Grave Risk - Art. 13(1)(b)
The mother argued that the father had been psychologically, physically and sexually abusive towards her and, on occasion, had been violent with the children.
The Court appointed a Guardian Ad Litem to interview the children and her report stated that the older child confirmed the mother’s story. The child expressed concern about returning to Mexico.
The Court found that the mother had established clear and convincing evidence of abuse.
Regarding protective measures, the Court held that the father’s vague suggestions lacked sufficient detail to assure the Court that they would be adequate to curtail the grave risk of harm to the children, even if they would be adhered to and enforceable.