United States Third Circuit

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Didon v. Castillo, 15-3579

In a issue of first impression involving the application of the Hague Convention on the Civil Aspects of International Child Abduction to two children who are from St. Martin, a small island comprised of two countries, French St. Martin, where the children went to school and which recognizes the Convention, and Dutch St. Martin, where the children had their home and which does not recognize the Convention, the District Court judgment granting relief under the Convention is vacated where: 1) under the Convention, a child may not have two 'habitual residence' countries at the same time; and 2) the children were residences of the country in which they lived, Dutch St. Maarten, and since Dutch St. Maarten does not recognize the Convention, the Convention does not apply to this case.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2016/09/26

Judges

  • GREENAWAY

Court

  • United States Third Circuit

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