Mother and father of a child are divorced and the father was awarded custody of their daughter in the divorce. This occurred in Mexico. Father is a Mexican citizen and mother is an American citizen. During a visit, mother took their daughter and came to Oregon (without Father’s knowledge). Once in Oregon, mother claimed father was abusing their daughter and that is why she ran with the daughter to Oregon. Father is not allowed to enter the United States. Oregon’s DHS (child welfare division) supported mother and asked the court to litigate an abuse allegation based upon what mother claimed happened in Mexico.
Mr. Thiesen represented the father in Mexico. Mr. Thiesen immediately reached out to the Mexican child welfare office and asked them to investigate. They found no evidence of abuse. Of course, neither father nor the witnesses in Mexico could come to the Oregon courtroom from Mexico. So, if this went to trial in Oregon, none of father’s witnesses could have testified. However, Mr. Thiesen convinced the judge that under both Oregon law, US law, and international treaty obligations the court that should be dealing with allegations of abuse in Mexico should be the Mexican court. Accordingly, the Oregon case was dismissed and the daughter was returned to her father.