A request for preparation of the organisation or guarantee of the effective exercise of the right of access may be submitted to the central authorities of the contracting states, as well as a request for the return of a child. The Hague Convention on the Civil Aspects of Child Abduction, a multilateral treaty ratified by 98 countries since May 2018, contains an expedited protocol for the decision and return of a child unilaterally deported from one member country to another by a parent. Article 3 of the Hague Convention obliges Member States to immediately return children to their country of «habitual residence» if they are illegally deported or detained in another country, in violation of the custody of the surviving parent. This is not an isolated case. A Garcia v. Pinelo, Raul Salazar-Garcia (Salazar) and Emely Galvan-Pinelo (Galvan) never married, but they had a common son (D.S.). 6 When Galvan married, she and her husband decided to move to Illinois, and Salazar agreed that the child could only go with her for one year. After a year, when Galvan refused to bring his son back to Mexico, Salazar filed his petition under the Convention to make D.S. The Seventh Circuit Court found that Salazar had custody in accordance with Mexican law of the patria potestad and had to bring the child back to Mexico. (e) that there is a «serious risk that the return of the child will expose the child to physical or psychological harm or that the child will be placed in an intolerable situation in another way,» such as Section 13, Point b; or (a) that at the time of removal or deference «at the time of removal or deference,» the petitioner did not «effectively exercise custody» under section 3; or Counsel could call into question the support of the U.S.

State Department`s Office of Children`s Issues. Such support can be particularly helpful in finding the child. It could also be useful if the parent on the left applies for a U.S. visa to enter the U.S. to attend the negotiation. When representing the left-wing parent in a Hague proceeding, it is necessary to focus the court on the narrow issues that the Convention must represent by an applicant and on the narrow defences that a respondent can make. Whenever the hearing drifts into areas that could be considered an analysis of the best interests of the child, the other party (usually the petitioner) should vehemently oppose it. The Convention provides specific rules for the admission and examination of evidence independent of the standards of proof established by each Member State. Article 30 provides that the request for assistance and all documents attached to the request or submitted by the central authority or the central authority are admissible in any procedure for the return of a child. [8] The Convention also stipulates that no Member State may require the legalisation or similar formality of the underlying documents in the context of a convention procedure.

[9] In addition, the court in which an appeal is brought into the convention may «directly draw attention to the law and judicial or administrative decisions that are or are not formally recognized or not in the state of the child`s usual residence, in the absence of specific procedures for proving that right or recognizing foreign decisions which otherwise , would be applicable» to determine whether there was unlawful removal or detention under the convention, to keep in mind. [10] (d) that the child is old enough and has a sufficient degree of maturity to knowingly object to being returned to the petitioner and that this objection must be challenged under section 13; or in order to protect children on the international stage from the adverse effects of their unlawful removal or deference and to define procedures to ensure their immediate return to the state of their usual residence, as well as the protection of the right of access, these rights may arise from the application of the law or a judicial or administrative decision. , or on the basis of an agreement that has legal effects under the law of the country of habitual residence. [5] (a) the person, institution or other agency that deals with the