United States Fourth Circuit

In a husband's petition for wrongful removal under the International Child Abduction Remedies Act against his wife for taking their four children from Australia to the US after their failed marriage reconciliation attempt, district court's order denying his petition is affirmed as: 1) district court properly determined that the husband failed to prove by a preponderance of the evidence that the quadruplets' habitual residence was Australia; 2) the district court's finding that there was no shared parental intent to abandon the US as the quadruplets' habitual residence is not clearly erroneous; and 3) there are several objective factors supporting the district court's conclusion that the quadruplets never became acclimatized to Australia during their two-month stay.

Appellate Information

• Decided 11/30/2009
• Published 11/30/2009

Judges

• Before AGEE, Circuit Judge, HAMILTON, Senior Circuit Judge, and MARGARET B. SEYMOUR, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Neil Joshua Saltzman, Law Office of Neil J. Saltzman, New York, New York, for Appellant.  Bradley B. Honnold, The Honnold Law Firm, PA, Charlotte, North Carolina, for Appellee.