Martinez v. Cahue

Dist. Ct. erred in denying plaintiff-mother’s petition under Hague Convention on Civil Aspects of International Child Abduction to return her son to Mexico, under circumstances where plaintiff had taken her son to Mexico approximately one year prior to filing instant petition, after having resided in U.S. with son for seven years where they lived near defendant-father. Plaintiff had sole custody of son while living in U.S., and defendant had no right to son’s custody under either Illinois law or Hague Convention. As such, only plaintiff’s intent mattered with respect to whether she wanted son’s habitual residence transferred to Mexico, and record indicated that plaintiff had intended to transfer son’s habitual residence to Mexico. Moreover, once in Mexico, son adapted well in terms of acclimating himself to new school and making new friends. Fact that parties had private agreement calling for defendant to have two overnight visits with son per week did not require different result, where no court had approved such agreement.