Pena v Serrano, 2017 WL 6542758 (W.D. Texas, 2017)[Mexico] [Habitual Residence] [Patria Potestad] [Petition granted]

In Pena v Serrano, 2017 WL 6542758 (W.D. Texas, 2017) the district court granted Edgar Andres Soto Pena’s petition for the return of his children to Mexico. Petitioner and Respondent were Mexican nationals who married in 2005 in Mexico and were the parents of A.S.E., D.S.E., and S.S.E. The family resided in Mexico until August 2009, when they moved to Austin, Texas, while Petitioner completed a one-year Master of Business Administration program. From May 2010 until October 2012, the family resided in Texas while Petitioner worked in Texas. In October 2012, the family moved to Monterrey, Mexico. A few years later in August 2014, the family returned to Texas. Petitioner returned to Mexico in March 2015.  Respondent and the children remained in Texas until July 2015.  Upon their return to Mexico, Respondent initiated divorce proceedings. Petitioner and Respondent obtained a divorce in December 2015. The divorce was a voluntary divorce, and the parties agreed to its…

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