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Escobar v. Flores, No. C061316

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By FindLaw Staff on April 07, 2010 1:50 PM

Escobar v. Flores, No. C061316, involved a petition under the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) for the return of her eight-year-old son to his habitual residence with her in Chile.  The court of appeal affirmed the denial of the petition, holding that the trial court did not err in refusing to order defendant to return the child based on a finding that the child objected to being returned to Chile and had attained an age and degree of maturity at which it was appropriate to take account of his views.

As the court wrote:  "This appeal arises out of a petition filed by plaintiff Karla Cecelia Escobar (mother) under the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention or the Convention) for the return of her eight-year-old son, Cesar, to his habitual residence with her in Chile. The primary issue on appeal is whether the trial court erred in refusing to order defendant Cesar Flores (father) to return the child based on a finding that the child objected to being returned to Chile and had attained an age and degree of maturity at which it was appropriate to take account of his views. Finding no error in that finding, and no merit in the other arguments mother asserts on appeal, we will affirm."

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