Hernandez v. Cardoso

In application under Hague Convention filed by plaintiff-Mexican father seeking return of his son under circumstances where mother had taken son from Mexico and relocated herself and son to Chicago, Dist. Ct. did not err in denying father’s application, after finding that son faced grave risk of physical or psychological harm if son were returned to father’s custody in Mexico. Under Hague Convention child abducted in violation of rights of custody must be returned to child’s country of habitual residence unless certain exceptions exist, and mother established one of said exceptions to required return of child where Dist. Ct. found that mother was credible when she testified that husband physically abused her in front of son, and that such conduct posed great risk of physical or psychological harm to son.