URGENT ACTION: International Parental Child Abduction - Your Next Steps

My wife has taken our child from San Francisco to Mexico. What are my rights and my child's rights to have her returned to her habitual country of residence?

Step 1: Immediate Contact with U.S. Authorities

Your first and most critical step is to contact the U.S. Department of State's Office of Children's Issues (OCI), which serves as the U.S. Central Authority for the Hague Abduction Convention. Do this immediately.

Understanding Your Rights and the Law: The Hague Convention

Both the United States and Mexico are contracting states to the Hague Abduction Convention. This treaty provides a legal framework for the prompt return of children wrongfully removed from their country of habitual residence.

What You Need to Prove (The Legal Foundation)

To seek your child's return under the Hague Convention, you must generally establish three key points:

1. Habitual Residence: The child's habitual residence immediately before the removal was San Francisco, California, USA.
2. Age Limit: The child is under the age of 16.
3. Wrongful Removal: The removal was in breach of your rights of custody under U.S. law, and you were actually exercising those rights (or would have been) at the time of the removal.

If you had a current custody order, this is a strong indicator of custody rights. If no order was in place, U.S. law generally grants both parents joint custody rights by operation of law, meaning the unilateral removal of the child can still be deemed wrongful.

The Role of the Central Authorities

1. U.S. Central Authority (OCI): Helps you complete and submit the Hague application to the Mexican Central Authority.
2. Mexican Central Authority (SRE): Responsible for locating your child and facilitating the return process through the Mexican courts.

The Return Application Process

1. File the Application: You will complete the official Hague Convention application through the U.S. Central Authority (OCI).
2. Location and Judicial Phase: Once your child is located in Mexico, the case will be presented to a Mexican judge.
3. Expedited Procedure (Goal): The treaty is designed for an expeditious return hearing. The Mexican court's role is not to decide the underlying custody dispute, but only to determine if the child was wrongfully removed and if any exceptions to return apply.
4. Exceptions to Return: The parent in Mexico may argue against the child's return based on certain exceptions, such as:
   • The child is "settled" in the new environment (if the application is filed one year or more after the abduction). This is why acting quickly is paramount.
   • There is a "grave risk" that the child's return would expose them to physical or psychological harm.
   • You consented to or acquiesced in the removal.
   • The child objects to returning and has attained an age and degree of maturity where it is appropriate to consider their views.

A Note on Mexico's Implementation

While Mexico is a treaty partner, the process there can be challenging. Reports have indicated that delays, a lack of resources for the Central Authority, and a perceived lack of understanding of the Convention's scope by some local courts have historically complicated the enforcement of return orders. This underscores the need for expert legal representation in Mexico.

Legal Assistance and Financial Resources

Finding a Lawyer

You need an attorney with specific experience in Hague Convention cases in both the U.S. and Mexico.

• U.S. Attorney: To manage the U.S. side of the case, consult with OCI, and potentially secure a domestic order that reinforces your custody rights.
• Mexican Attorney: An attorney licensed in Mexico is necessary to represent you in the Mexican courts. The U.S. OCI can provide you with a list of foreign attorneys.

Financial and Other Assistance

• Legal Aid/Pro Bono: The OCI may have information about programs or organizations that can offer pro-bono or low-cost legal assistance for Hague cases.
• The State Department: Can offer limited administrative assistance, such as coordinating with the Mexican Central Authority, providing welfare and safety checks on the child (if you can provide a general location), and offering a list of local attorneys. They cannot fund your legal costs or travel.

Essential Documents to Gather Immediately

Organize the following information to prepare your Hague application and legal strategy:

1. Child's Full Details: Birth certificate, passport information, recent photos.
2. Your Custody Rights Documentation: Any existing court orders regarding custody, visitation, or residence. If no order exists, documentation showing you were exercising your custodial rights (e.g., school records, doctor visits, shared residency).
3. Abductor's Details: Full name, date of birth, photo, passport/travel documents used, and any last known contact information or addresses in Mexico.
4. Evidence of Wrongful Removal: Any communications (emails, texts) from your wife that prove the removal was unilateral, without your consent, and intended to obstruct your parental rights.
5. Evidence of Habitual Residence: School enrollment, lease/mortgage showing the family residence in San Francisco, utility bills, etc.

Time is your most valuable asset. The success and speed of your case depend heavily on filing the Hague application well within one year of the removal. Do not delay. Contact the U.S. Department of State OCI right now.