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acclimatization

Case Update (2021): Rishmawy v. Vergara; habitual residence

June 1, 2021

The U.S. District Court for the SD of GA granted Ms. Rishmawy's petition for the return of her daughter to Honduras under the Hague Child Abduction Convention. The parties had separated just prior to the minor child's birth. The child lived with her mother in Honduras, while Mr. Vergara lived in a … Read More about Case Update (2021): Rishmawy v. Vergara; habitual residence

Category iconabduction,  acclimatization,  Child Abduction,  Habitual Residence,  Hague Abduction Convention,  intent,  parental intent

Case Update (2020): Rodriguez v. Fernandez; Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence

January 7, 2021

The Middle District of Tennessee examined the issue of habitual residence in a "retention" case under the 1980 Hague Abduction Convention in Rodriguez v. Fernandez.  In this case, the court weeded through inconsistent testimony taken by remote technology through interpreters and messages that … Read More about Case Update (2020): Rodriguez v. Fernandez; Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence

Category iconacclimatization,  Child Abduction,  Habitual Residence,  Hague Abduction Convention,  removal,  retention,  totality of the circumstances,  wrongful retention

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