Maria Elena Swett Urquieta v. John Francis Bowe

The Hague Convention on the Civil Aspects of International Child Abduction mandates the prompt return of a child who has been wrongfully removed or retained from their country of “habitual residence.” At the time of the events at issue, S.B.S. was residing in Chile and visiting his father in New York during his annual Christmas break in December 2022. When the Respondent-father failed to return S.B.S. to Chile following the break, as agreed upon by the parties, Petitioner Maria Elena Swett Urquieta filed a petition under the Hague Convention seeking the child’s return. In its May 7, 2024, opinion, the district court found that the Respondent had sufficiently demonstrated both S.B.S.’s maturity and his “objections” to returning to Chile, despite clear evidence of parental alienation. The court further determined the date of wrongful retention to be January 8, 2023, and concluded that Ms. Swett’s reluctant agreement for the child to remain in New York until February 26, 2023, did not amount to valid consent under the Hague Convention. The Second Circuit affirmed, holding that the Petitioner-mother had “merely acceded” to her son’s continued stay in the United States, rather than providing express consent. The questions presented are: 1. Whether, under the Hague Convention on the Civil Aspects of International Child Abduction, a parent’s continued consent to a child’s temporary stay