Martinez v. Cahue

Summary

The Seventh Circuit held that a child’s habitual residence had shifted from Illinois to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction. Because the mother had sole custody under Illinois law and the father lacked Convention custody rights, his retention of the child in Illinois was wrongful. The court rejected the asserted defenses and ordered the child returned to Mexico.

Holdings

1. A.M.'s habitual residence changed from Illinois to Mexico before Cahue retained him in Illinois.
2. Cahue had no right of custody or ne exeat right under Illinois law that restricted Martinez's relocation to Mexico.
3. Cahue's retention of A.M. in Illinois was wrongful under the Hague Convention.
4. The record did not support applying either the settled-child or acquiescence defense, and Cahue's deliberate circumvention of Convention procedures weighed strongly against allowing the defenses.

Questions Presented

1. Whether Mexico became A.M.'s habitual residence under the Hague Convention when Martinez moved there with him without Cahue's agreement.
2. Whether Cahue possessed rights of custody under Illinois law or the Hague Convention that made Martinez's move to Mexico wrongful or gave his intent legal significance.
3. Whether Cahue's retention of A.M. in Illinois was wrongful under the Hague Convention.
4. Whether the settled-child or acquiescence defenses excused return of A.M. to Mexico.

Disposition

reversed