United States Second Circuit

In a child custody dispute over a five-year-old child, a Mexican citizen, district court's conclusion that the father wrongfully retained the child in the U.S. and that the Hague Convention required the child be returned to Mexico is affirmed, as the child was a habitual resident of Mexico when her father retained her in the U.S. in violation of the mother's custodial rights under Mexican law, and as such, the child must be returned to Mexico for resolution of her parents' dispute over their respective custodial rights.

Appellate Information

• Decided 08/15/2012
• Published 08/15/2012

Judges

• Carney

Court

• United States Second Circuit

Counsel