ARTICULATION OF THE 1996 HAGUE AGREEMENT WITH THE 1980 HAGUE CONVENTION. A LOOK FROM THE MEXICAN SYSTEM

Abstract

Interpersonal relationships transcend the border of a State, giving rise to families composed of people of different nationalities and domiciliates, with diverse geographical settlements. This implies that before a family conflict it will not necessarily know a single legal system, on the contrary there is convergence of different systems of States. One of the most sensitive problems in family matters arises when one of the parents or another person decides, in case of disagreement, to remove or illegally detain a child or adolescent from the place where he has his habitual residence, and take it to another State; Therefore, it is necessary independently of the Conventions that have as immediate object the restitution of the infant, to observe by the States, the need to link to their normative frameworks, International Agreements that allow to apply norms of greater amplitude in competition, applicable law, recognition of execution and cooperation, such as the Hague Convention of October 19, 1996; that contains elements of high precision of legal engineering that will allow a State like Mexico, to position itself in a better situation to face problems of Abduction and International Retention of infants, that give an effective response to families facing a situation of great complexity and human erosion.