United States Eighth Circuit

Under the Hague Convention on the Civil Aspects of International Child Abduction, the question of the children's habitual residence is a fact question, and a district court's findings are reviewed under a clear error standard. Here there was no clear error in a finding that children's habitual residence never changed from the U.S. to Israel.

Appellate Information

• Decided 12/11/2002
• Published 12/11/2002

Judges

• BEAM, Circuit Judge, with whom LOKEN, Chief Judge, BOWMAN, WOLLMAN, MORRIS SHEPPARD ARNOLD, RILEY and SMITH, Circuit Judges, join., Before LOKEN, Chief Judge, HEANEY, McMILLIAN, BOWMAN, WOLLMAN, BEAM, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Susan A. McKay, argued, Edina, MN, for appellant.


• For Appellees:
  
• M. Michael Baxter, argued, Lakeville, MN, for appellee.