United States Ninth Circuit

A judgment finding that a mother's removal of her children from Greece was not wrongful within the meaning of the Hague Convention and the International Child Abduction Remedies Act (ICARA) is affirmed where on the date of the children's removal from Greece, their habitual residence remained in the state of California as: 1) there was no shared settled intention on the part of the parents to shift the habitual residence of their children to Greece; and 2) a four-month period spent by the children in Greece was insufficient to acclimatize them to that country.

Appellate Information

• Argued 02/08/2007
• Decided 04/16/2007
• Published 04/16/2007

Judges

• O'SCANNLAIN, Circuit Judge., Before DIARMUID F. O'SCANNLAIN, EDWARD LEAVY, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Adair Dyer, Austin, TX, argued the cause and filed a brief for the plaintiff-appellant.


• For Appellees:
  
• Elizabeth Briceño-Velasco, Arcadia, CA, argued the cause and filed a brief for the defendant-appellee.  Vincent W. Davis, Arcadia, CA, was also on the brief.