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US Court Orders Return to Mexico of Abducted Child Who is US Citizen for Child Custody Case There

By Janet Langjahr

Husband and Wife separate after an alleged incident of domestic violence to keep the peace between them. Neither wants anything to threaten Wife obtaining legal residency status in the US.

While Husband and Wife are separated, Wife and 5 year old Son live in Mexico, where both Wife and Husband are from. Unlike Wife though, Husband and Son are US citizens.

After two years of this separation, Husband allegedly abducts Son back to the US. Husband insists that he just wants Son to have access to better medical care for his tonsillitis.

Communications with Husband and Son having tapered off, Wife makes an application for return of Son to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction.

Because Son has lived in Mexico for two years prior to his abduction, a US court rules that Son must return to Mexico for the custody case there.

This case stands out in that most cases concerning Mexico and the US involve an abduction from the US to Mexico, rather than the reverse as here.

It is not clear that Husband will pursue his custody case in Mexico, since it reportedly tends to favor mothers.

Read more in this Orange County [CA] Register article: 5-year-old boy returned to mother in Mexico.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on November 09, 2009 (boomark / email).