United States First Circuit

In this case, the district court granted petitioner-father's petition to return his son to Argentina pursuant to the Hague Convention on the Civil Aspects of Child Abduction as implemented by the International Child Abduction Remedies Act (22 U.S.C. section 9001 et seq.). Petitioner alleges that the child's mother wrongfully removed him to the United States in February 2014. The district court's grant of the petition and order returning the child to Argentina is reversed, where: 1) the child's habitual residence lies in the United States, as the record establishes that the last shared intent of the parties was for their son to relocate permanently with his mother to the United States; and 2) the unilateral wishes of one parent are not sufficient to overcome the last settled purpose of the two parents.

Appellate Information

• Decided 02/13/2015
• Published 02/13/2015

Judges

• Stahl

Court

• United States First Circuit

Counsel