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Nombre del caso
Pina v. Chavez No. 25 CV 10337
Referencia INCADAT
HC/E/US 1748
Tribunal
Estados Unidos de América
Primera Instancia
Estados involucrados
México
Estados Unidos de América
Fallo
6 March 2026
Definitiva
Grave riesgo - art. 13(1)(b)
Restitución denegada
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SINOPSIS
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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
SUMARIO
Sumario disponible en
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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.