United States Third Circuit

Petition to return a baby to Belgium, under the Hague Convention on the Civil Aspects of International Child Abduction, is denied where plaintiff failed to meet his burden of proving that the baby was a habitual resident of Belgium and was thus wrongfully removed.

Appellate Information

• Argued 02/13/2003
• Decided 05/20/2003
• Published 05/20/2003

Judges

• Before ALITO and MCKEE, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Dean G. Yuzek (Argued), Joan Walter, Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York, NY, Bernard G. Post, New York, NY, for Wim Delvoye, in the Matter of Sebastian Delvoye, an infant under the age of one, Petitioner-Appellant.


• For Appellees:
  
• Robert W. Avery (Argued), Avery & Avery, Ridgefield, NJ, Susan M. Lee, Englewood Cliffs, NJ, for Christina Lee, Respondent-Appellee.