Habitual Residence - Art. 3 | Objections of the Child to a Return - Art. 13(2) | Best Interests of the Child |
Appeal dismissed, return refused
13(2)
Wrongful removal of a child when he was 7 years old - Argentine - Unmarried parents - Paraguayan mother - The child lived in Paraguay from December 2016 to October 2017 – Return to Paraguay refused – Main issues: habitual residence, objections of the child to a return, best interests of the child – The Supreme Court of Buenos Aires held that the child’s habitual residence was in Paraguay, and found that the removal to Argentina was wrongful since it breached the mother’s rights of custody under the Paraguayan law – The court considered that the child´s objection to return was established since the child expressed at all stages of the proceedings his complete refusal to return to Paraguay, alleging mistreatment by classmates and relatives.
