United States Third Circuit

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Karkkainen v. Kovalchuk, 05-1581

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.
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