United States Sixth Circuit

In an action alleging that petitioner's estranged wife illegally abducted the parties' twins to the U.S., and that the Hague Convention on the Civil Aspects of International Child Abduction required that they be returned to France, a decision in favor of the wife denying return of the sons to France is affirmed where: 1) although the district court applied an incorrect legal standard in determining that the children were habitual residents of the U.S. at the time of the alleged abduction; nevertheless, 2) applying the district court's findings of fact to the proper legal standard does not alter the outcome of that court's decision.

Appellate Information

• Decided 11/14/2007
• Published 11/14/2007

Judges

• Before:  KEITH and CLAY, Circuit Judges;  STEEH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Albert G. Lin, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Appellant.  Gregory Louis Adams, Croswell & Adams Co., Cincinnati, Ohio, for Appellee.   ON BRIEF:  Albert G. Lin, Tyler B. Pensyl, Kenneth J. Rubin, Vorys, Sater, Seymour & Pease, Columbus, Ohio, Darrell A.H. Miller, University of Cincinnati, College of Law, Cincinnati, Ohio, for Appellant.  Gregory Louis Adams, Croswell & Adams Co., Cincinnati, Ohio, for Appellee.