Consent - Art. 13(1)(a) | Acquiescence - Art. 13(1)(a) | Grave Risk - Art. 13(1)(b) | Issues Relating to Return
3 13(1)(a) 13(1)(b)
Removal wrongful and return would be ordered once suitable practical arrangements had been put in place; none of the exceptions had been proved to the standard required under the Convention.
Grave Risk - Art. 13(1)(b) | Objections of the Child to a Return - Art. 13(2) | Procedural Matters
Guidance on the application of the Convention issued
13(1)(b) 13(2)
Child born in 2016 in Mexico – habitual residence in the United States of America – wrongful retention – issues: grave risk (Art. 13(1)(b)) – domestic violence – child’s objections to return (Art. 13(2)) – procedural matters – binding jurisprudential thesis issued.
Habitual Residence - Art. 3 | Removal and Retention - Arts 3 and 12 | Grave Risk - Art. 13(1)(b) | Inter-American Convention on the International Return of Children | Issues Relating to Return | Best Interests of the Child
Appeal allowed, return ordered
Wrongful retention of a girl when she was four years old - Mexican – Argentine mother – Mexican father – Married parents – The girl lived in Puerto Aventuras, Estado de Quintana Roo, Mexico, until February 2020 – The return request was filed before the Argentine Central Authority – Appeal allowed, return ordered - Main Issues: habitual residence, removal and retention, grave risk exception, procedural matters, commitments – the girl’s habitual residence was in Mexico – the girl was wrongfully retained in Argentina by the mother because she did not return to Mexico upon expiration of the term in the father’s travel authorisation – The mother did not show that the family violence situation reported posed a grave risk to the girl; neither did she prove the lack of protection measures in Mexico – the interpretation standards of the 1980 HCCH Convention apply to the cases governed by the Inter-American Convention – Measures were taken to guarantee the safe return of the child to her State of habitual residence.
