Fourth v. Fifth Civil Panel of the Third Circuit

Contradiction of Theses 141/2002-PS (2004)

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Fourth v. Fifth Civil Panel of the Third Circuit

Mexico Supreme Court
Contradiction of Theses 141/2002-PS (2004)

Facts

Two child-custody cases arose in the Third Circuit of Mexico. Each case involved petitions for interim custody orders, which were sought under the procedure for preliminary remedies set forth in Article 249 of the Code of Civil Procedure of the State of Jalisco. Article 249 empowered the court to grant preliminary relief to a petitioner without hearing from the opposing party to maintain the status quo pending resolution of the dispute. In each case, the lower court issued a preliminary custody order to one parent without hearing from the opposing parent. Each case was appealed and heard by different panels of judges within the Third Circuit. The Fourth Civil Panel (plaintiff) and the Fifth Civil Panel (defendant) issued inconsistent rulings. The Fifth Civil Panel determined that the right to be heard under Mexico’s constitution trumped the interim relief procedure of Article 249, and the panel required that the opposing parent and the minor be provided an opportunity to be heard prior to issuance of the temporary order. The Fourth Civil Panel reached the opposite result—that the opposing parent was not entitled to be heard prior to issuance of a preliminary custody order. The Mexico Supreme Court took up the issue to resolve the inconsistency in the rulings of the Civil Panels of the Third Circuit.

Rule of Law

Issue

Holding and Reasoning (Gudiño Pelayo, J.)

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