Peru art. 75(g), “[i]n cases of conventional separation and subsequent divorce, neither father or mother is suspended its parental authority.” Id. art. 76. Bustamante testified that, in such instances, parental authority can only be suspended through a legal proceeding and with a court order that expressly suspends those rights. Although Velarde and Correa had separated, no judge had ordered the suspension of either party’s parental authority over the Children at the time of removal. See Bader v. Kramer (Bader I), 445 F.3d 346, 351 (4th Cir.2006) (concluding that a father seeking the return of his daughter retained joint custody rights “because no competent German court has entered an order granting [the mother] sole custody”). Cf. Fawcett v. McRoberts, 326 F.3d 491, 499 (4th Cir.2003) (<HOLDING>), abrogated on other grounds by Abbott v.
holding that patria potestas rights under mexican law are custody rights under the hague convention recognizing that termination of parental rights can be accomplished only by resort to chapters 63 adoption and 39 termination of parental rights and any attempt by a parent to contract away the childs right to support is void and unenforceable as contrary to public policy holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel holding that when a scottish court issued a decree modifying parental rights and rescinding the right to determine the childs residence the parent had no custody rights under the hague convention holding that a parents rights must yield to the childs right to have proper parenting and fulfillment of his or her potential in a permanent healthy safe environment a parent cannot protect his parental rights by merely stating that he does not wish to have his rights terminated internal citations omitted