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Hague Return Denied

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I have no details as of now as to what legal arguments the judge has used to justify her decision but her verdict is against my son's return...  

We have always known that the verdict in this court would be a cosmetic one that only really dictated which side would file the appeal.  I had believed for a time she would decide in my favor since I brought a mountain of evidence and thouroughly discredited everything my wife said.. and she was telling the wrong lies anyway, but when she began to not only allow the case to get dragged out but to contribute to it by scheduling hearings for well over a month apart I began to suspect she was leaning against me.  Her decision has an effective date of April 24th though notification of it has yet to published online.  It appears she hoped that by not publishing it online we would not know of it till the legal period within which we can file our appeal had passed (it's 10 days).  We still would not know if my lawyer hadn't driven 5 hours from Mexico City to check the court file in person.  

My wife and her attorneys presented no evidence pertinent to a Hague case and never made a single argument under the Hague Convention.  Both her and her lawyers treated this like a custody case though we repeatedly pointed out that it was not one.  Most states in Mexico give automatic custody to the mother for children under 7, sometimes 12.  Her closing arguments were about one page long (compared to our 80 pages) and said that the Convention of the Rights of the Child says that the "Best interests of the child" must always be taken into account and the CRC has the same level of legal precedence as that of the Hague Convention.

Carlos, I'm so sorry.
I don't know what to say, I'm really, really mad right now...

This speaks to the necessity for each country to designate a few judges with specific experience in the Hague Convention to handle all cases, regardless of where in the country the children are. Unfortunately, even the United States does not do this.

The only option you have now Carlos is to maintain a perpetually positive attitude and file an appeal.

I'm so sorry.

Carlos - I'm so sorry!  I can not even imagine what you must feel right now.  Prayers for you and your son.


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