Parent’s Refusal to Return | Child’s Objection to Return | Grave Risk & Ameliorative Measures
Defenses | General Denial
In this case, a father presented a prima facie case for the return of his child, but the mother waited until her opening statement at trial to present her affirmative defenses.
Defenses | Settlement and Immigration Status | Grave Risk | Motions for New Trial
Factual Error | Burden of Proof
Grave Risk | Court’s Discretion to Return | Undertakings | Habitual Residence
Habitual Residence | Parental Intent | Acclimatization | Time-Limited Relocations
Grave Risk | Quality of Medical Care in Habitual Residence | Interruption of the Course of Counseling | Credibility
This case explored the question of whether a parental agreement reached while the children were in utero could establish habitual residence in a place where the children had never been.