Thursday, January 5, 2012

Process Serving in Mexico: Do it Right the First Time


A default order entered against a Mexican father in his ex-wife's action under the Hague Convention on child abduction for the return of their child to Texas is void, where she did not effect proper service of process on him in Mexico. Finding that the mother was required to serve the father in accordance with the Hague Convention on Service of Process Abroad, the court determined that she had failed to serve him either through Mexico's Central Authority or in compliance with the internal law of Mexico regarding service of documents from abroad, as mandated by the Service Convention.

The father filed a special appearance, contending that the order was void because the mother had failed to show proper service of process on him. She acknowledged that he was not served through Mexico's Central Authority, as required by The Hague Service Convention, but argued that he had been served in accordance with the internal laws of Mexico, which allow for service on a party's designated agent.

The Judge held that for the mother to establish that service on the father complied with Article 19 (of the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents), she was required to show that the service she employed complied with the internal law of Mexico providing for service of documents coming from abroad.


In re J.P.L. Texas Court of Appeals Case Number: No. 04-10-00646-CV Date Filed: 11/23/11

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