Is Peru in compliance with the Hague Treaty.

[KimmyRN]

I have a personal issue with my nephew 5yrs. old. Kind of a long story, but was the real reason I was interested in David's story. My brother and his girlfriend (no longer together), have a son , and our family believes they are plotting to take my nephew to Peru!! My brother had his son's passport "revoked", he is in the process of a horrible fight for his rights. He did not go to court for custody because they were civil with allowing weekend visits, and he(my brother) did not want to go to court.?! She has alleged posted previous on her FB that she is going to Peru and maybe will be married? I donot know if this is her way to get attention, a cousin of ours printed off FB. It has been years of childish games she plays with my brother, we have been telling him to go to court forever. He now has a restraining order against him because she said he is abusive..(Absolutely false!!!)She got the restraining order because she was so mad about the passport, and her family does not want my brother to have visitation. She is upset because the relationship is over and uses my nephew as a pawn. She wants and continues to hurt our family because her family does not want us to have a relationship with my nephew. They become jealous when my nephew comes home ,and expresses how much fun he had.My brother now will meet with an attorney tomorrow for visitation and custody.. We love our nephew so much , but "J" (brother's girlfriend) refuses to answer her phone , agrees to a visit -then cancel's , does not answer her door.,My brother is hurting so much , any thoughts or suggestions?? Is Peru compliant with the Hague treaty? Anyone thankyou.

[SageDad]

Peru should not be considered compliant.  The HC just went into force w/ Peru and the US on June 1, 2007.  

As a new signatory to the HC Peru should not be given the benefit of the doubt.  Most of Latin America is horrendously non-compliant.  Mexico has been a Hague signatory for 19 years and still lacks the requisite legal structures and proceedures to apply the convention.  Mexico gets a 1000 Hague cases a year and even after 20 years most judges in Mexico have never heard of the Convention.  The presumption should be that Peru will not have these measures or education in place either.  All of Latin America enshrines the rights of the mother and has a resentment of gringo imperialists meddling in their countries internal politics (and State is not about to do so on your brother's behalf anyway).  Although there are no, or few, concrete cases to establish Peru's non-compliance assuming they are compliant on that basis would be extremely foolish.  The fact that Peru has signed this Convention will likely hurt your brother more than help him since State, and law enforcement will push him to use it (and it won't work).  Furthermore judge's may assume travel to Peru is ok because "they signed the HC" and aren't (yet) on the non-compliant list.

Your brother must go to court immediately and get a court order restricting her from leaving the country and "legal custody" (which is different from physical custody).  Travel to Peru should absolutely not be allowed (or to the Mexican border which will allow travel w/o passports).  You should investigate how to stop her from getting a Peruvian passport for your nephew too.  By filing for a restraining order and accusing abuse your sister-in-law has laid the groundwork for a very successful Article 13B Hague defense even if Peruvian courts could figure out what the Hague Convention was enough to actually hold a trial using it.

[Nicole's Dad]

He needs to take action now and quite feeling sorry for her and his son. Go aftre her with full force and stop her from taking this child out of the country. You let her go, the boy will be gone forever.