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Habitual Residence

Case Update (9 May 2023): Castang v. King; 11th Cir. affirms Court’s return of child to France; habitual residence is a country, not a parent; returning child in a parent’s “custody” is not a custody determination

May 22, 2023

The U.S. Court of Appeals for the Eleventh Circuit affirmed an order returning a minor child to France. On appeal, the Mother argued two things, neither of which the Eleventh Circuit felt had merit. The first argument was that the order to return the child was a custody determination that … Read More about Case Update (9 May 2023): Castang v. King; 11th Cir. affirms Court’s return of child to France; habitual residence is a country, not a parent; returning child in a parent’s “custody” is not a custody determination

Category iconabduction,  Child Abduction,  Child Custody,  custody,  Habitual Residence,  Hague Abduction Convention

Case Update (13 April 2023): Johnson v. Johnson; mature child objects to return to Bahamas and would be exposed to harm if returned; USA became child’s habitual residence

April 30, 2023

SJ's parents filed a return petition under the Hague Abduction Convention on or about August 2022 against SJ's aunt and uncle in Colorado to return their 15-year-old daughter to the Bahamas. On July 15, 2021, the Petitioner Parents executed a notarized affidavit to allow SJ to travel to … Read More about Case Update (13 April 2023): Johnson v. Johnson; mature child objects to return to Bahamas and would be exposed to harm if returned; USA became child’s habitual residence

Category iconabduction,  acquiescence,  Child Abduction,  Grave Risk,  Habitual Residence,  Hague Abduction Convention,  mature child

Case Update (2 February 2023): Argueta v. Argueta-Ugalde; a child moved frequently was found to be habitually resident in Brazil, which was the “only constant” in the child’s life

March 23, 2023

The parties are the biological parents of one child, born in August 2018.  The Petitioner Mother also had two older children (not part of this case).  The parents met and married in Brazil.  The Respondent Father was on a temporary contract and was going to be moving for similar temporary contracts … Read More about Case Update (2 February 2023): Argueta v. Argueta-Ugalde; a child moved frequently was found to be habitually resident in Brazil, which was the “only constant” in the child’s life

Category iconabduction,  Child Abduction,  Habitual Residence,  Hague Abduction Convention

Case Update (13 February 2023): Watson v. Watson; Canadian family living in US forced to return to Canada when Dad was deported, did not shift their habitual residence from US to Canada after over a year of living there

March 21, 2023

Petitioner Father's request to return the parties' two minor children to Canada was denied after a 2-day evidentiary hearing in the U.S. District Court for the M.D. of Florida, an in-camera interview of the children, and written closing arguments. The family had lived in Florida for a significant … Read More about Case Update (13 February 2023): Watson v. Watson; Canadian family living in US forced to return to Canada when Dad was deported, did not shift their habitual residence from US to Canada after over a year of living there

Category iconabduction,  Child Abduction,  Grave Risk,  Habitual Residence,  Hague Abduction Convention,  mature child,  objection

Case Update (9 Feb 2023): Castang v. Kim; a child’s habitual residence is a country, and not with a parent

March 11, 2023

The parties are the joint legal custodians of the parties' child, age 4 and born in France. The primary residence of the child is fixed with the Respondent Mother through a French court order. A French court order also instituted a travel ban, preventing the Mother from removing the child from … Read More about Case Update (9 Feb 2023): Castang v. Kim; a child’s habitual residence is a country, and not with a parent

Category iconabduction,  Child Abduction,  Habitual Residence

Case Update (19 Sept 2022): Tsuruta v. Tsuruta; Child returned to Japan under Hague Abduction Convention

September 25, 2022

On September 19, 2022, the U.S. District Court for the Eastern District of Missouri ordered the parties' minor child returned to her habitual residence of Japan. The child's father filed his return petition in the court on April 12, 2022. The court found that the child's mother removed the child … Read More about Case Update (19 Sept 2022): Tsuruta v. Tsuruta; Child returned to Japan under Hague Abduction Convention

Category iconabduction,  acquiescence,  Child Abduction,  consent,  Grave Risk,  Habitual Residence,  Hague Abduction Convention,  Passport,  removal

Case Update (8 July 2022): Soulier v. Matsumoto; Belgium remained habitual residence after 1 year in NJ

July 14, 2022

Petitioner Father (who is Swedish and French) and Respondent Mother (who is Japanese and American) lived a very mobile life. They met in France while Father lived in Sweden and Mother in New Jersey. Father then attended the University of Michigan for a graduate degree, found employment with … Read More about Case Update (8 July 2022): Soulier v. Matsumoto; Belgium remained habitual residence after 1 year in NJ

Category iconabduction,  Child Abduction,  Habitual Residence,  Hague Abduction Convention

Case Update (16 May 2022): Dumitrascu v. Dumitrascu; 10th Circuit affirms habitual residence finding

May 31, 2022

On May 16, 2022, the 10th Circuit affirmed the trial court's finding that Romania, and not the United States, was the minor child's habitual residence. On September 15, 2021, the U.S. District Court in Colorado ordered the minor child returned to Romania under the Hague Abduction Convention. … Read More about Case Update (16 May 2022): Dumitrascu v. Dumitrascu; 10th Circuit affirms habitual residence finding

Category iconabduction,  Child Abduction,  Habitual Residence,  Hague Abduction Convention

Case Update (28 April 2022): Cole v. Cole; habitual residence finding was “prima facie error”

May 19, 2022

The Court of Appeals of Indiana concluded that the trial court committed clear error when concluding that Germany was the children's habitual residence. The parents and two U.S. citizen children lived in an apartment in Germany from 2017 to December 2020. In 2019 and 2020, the parents had "a … Read More about Case Update (28 April 2022): Cole v. Cole; habitual residence finding was “prima facie error”

Category iconabduction,  Child Abduction,  Habitual Residence,  Hague Abduction Convention

Case Update (6 April 2022): Garcia v. Ramsis; motion for a new trial denied; child ordered returned to Spain

May 5, 2022

In late January, after the U.S. District Court for the ED Texas found that Spain was the minor child's habitual residence, it granted Mr. Garcia's request to return the parties' minor child to Spain, and the court ordered that child returned. Ms. Ramsis, however, filed a motion for a new trial, and … Read More about Case Update (6 April 2022): Garcia v. Ramsis; motion for a new trial denied; child ordered returned to Spain

Category iconabduction,  Child Abduction,  Habitual Residence,  Hague Abduction Convention

Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky

April 14, 2023

On March 23, 2022, the Court of Appeals of Texas reversed a trial court's order that required the return of two children to Israel. This is the first case I have seen since Monasky v. Taglieri that has overturned the trial judge's finding of habitual residence. Father (a former Israeli … Read More about Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky

Category iconabduction,  Child Abduction,  clear error,  Habitual Residence,  Hague Abduction Convention,  Monasky,  totality of the circumstances

Case Update (15 March 2022): Solis v. Arellano; parents’ intent for child to live in Texas was not shared

April 5, 2022

Mr. Solis filed his Petition for Return of his five-year-old daughter from Texas to Mexico on January 18, 2022. The trial was held on March 9 & 10, 2022, after which the court ordered the Child returned to Mexico. The main issues appear to revolve around the fact that both parents intended for … Read More about Case Update (15 March 2022): Solis v. Arellano; parents’ intent for child to live in Texas was not shared

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

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