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Mexican Mother Wins Return of Daughter Who Runs Away to Canadian Aunt Because of Alleged Abuse

By Janet Langjahr

Mother and Father divorce. Mother is awarded custody of their Daughter.

Daughter lives with Mother in Mexico. Father lives abroad.

Daughter, at 13, runs away from Mother in Mexico and goes to live with Aunt in Canada, with Grandmother’s assistance.

Daughter obtains asylum in Canada under the United Nations Refugee Convention, alleging that Mother abuses her.

Mother files an application for Daughter’s return to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction. Mother maintains that Father’s family orchestrated Daughter’s flight.

Once a person is granted ?protected? status under the UN Convention, they cannot generally be returned to the country where they were prosecuted.

But parents have the legal right to make decisions and exercise authority on behalf of their children. Therefore, the Hague Convention likely takes precedence over the UN Convention where parental rights to a minor child are involved.

At trial, the Canadian Court orders that Daughter return to Mexico.

Aunt is appealing the ruling.

Read more in this Toronto Star article: Mexican teen who fled abuse returned to mother.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on October 20, 2010 (boomark / email).