United States Third Circuit

Denial of petition for return of a child under the Hague Convention is affirmed where the child was habitually resident in the U.S. prior to the alleged retention since: 1) the child had acclimatized to the U.S.; 2) her conduct demonstrated a settled purpose to remain; and 3) the parents had shared an intent to allow the child to choose her residence.

Appellate Information

• Argued 01/27/2006
• Decided 04/24/2006
• Published 04/24/2006

Judges

• Before: RENDELL and SMITH, Circuit Judges, and IRENAS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Rebecca E. Lafferty, Gillotti, Capristo & Beck, Pittsburgh, PA, Stephen J. Cullen [Argued], Jeffrey M. Geller, Miles & Stockbridge, Towson, MD, for Appellant.


• For Appellees:
  
• Linda S. Gardner [Argued], Rooney, Mannicci & Gardner, Bethlehem, PA, for Appellees.