United States First Circuit

The district court's denial of father's petition for the return of a child to Argentina under the Hague Convention on the Civil Aspects of International Child Abduction is reversed and remanded, where: 1) the alleged wrongful retention in fact occurred in mid-March 2011; 2) at that time, Argentina was the child's habitual residence prior to his retention; 3) because there is no dispute as to father's custody rights over the child or that he was actually exercising those rights at the time, it necessarily follows that mother wrongfully retained the child in the United States; and 4) the district court erred in finding that father had consented and acquiesced to the retention.

Appellate Information

• Decided 03/19/2014
• Published 03/19/2014

Judges

• THOMPSON

Court

• United States First Circuit

Counsel