United States Eighth Circuit

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Barzilay v. Barzilay, 09-2358

In plaintiff's appeal from the district court's dismissal of his petition under the International Child Abduction Remedies Act and the Hague Convention on the Civil Aspects of International Child Abduction, arising out of defendant's allegedly wrongful retention of their children, the order is affirmed where the children's country of "habitual residence" within the meaning of the Hague Convention was the United States and their retention in Missouri was therefore not wrongful.

Appellate Information

  • Submitted 01/13/2010
  • Decided 04/02/2010
  • Published 04/02/2010


  • MURPHY, Circuit Judge., Before MURPHY and BYE, Circuit Judges, and STROM, District Judge.


  • United States Eighth Circuit


  • For Appellant:
  • Patricia Emily Apy, argued, Red Bank, NJ, for appellant.

  • For Appellees:
  • Jonathan Daniel Marks, argued, Murray Aaron Marks, on the brief, St. Louis, MO, for appellee.