Defining “Habitual Residence” Under Child Abduction Convention

Defining “Habitual Residence” Under Child Abduction Convention

These are the facts in a recent parental child abduction case applying the Hague Convention on the Civil Aspects of International Child Abduction:

• Parents and two twins live in Texas for over 12 months (5/97 to 6/98)

• Parents and twins travel the U.S. for over 6 months (6/98 to 12/98)

• Entire family moves to France and live there for 7 months (12/98 to 7/99)

• Couple separates and twins live with just mother for 26 months in United States (7/99 to 9/01)

• Couple reunites and twins live with both parents in France for 10 months (9/01 to 7/02)

• Mother separates from father and returns alone to United States. Twins live with just father in France for 5 months (7/02 to 11/02)

• Mother returns to France to care for child with appendicitis for 1 month (11/02 to 12/02)

• Twins return to United States and live with just mother for 9 months (12/02 to 9/03)

• Mother and twins return to France to make final effort at marriage for 19 days (9/03 to 10/03)

• Mother returns to United States with twins for good (10/8/03)

• Both mother and father file legal proceedings for divorce/separation and father files criminal complaint in French court against mother for child abduction.

If you do the math the twins lived 18 months in the United States with both parents, 37 months in the United States with just mother, 19 months in France with both parents, and 5 months in France with just father. But if you focus on the twins’ later years (since their 4th birthday in May 2001), they lived 13 months in the United States and 17 months in France before they were “abducted” in October 2003.

The legal question is whether the twins had been unlawfully abducted from their “habitual residence” in France under the Hague Convention on the Civil Aspects of International Child Abduction. Can you guess what the Sixth Circuit ruled was the “habitual residence” of the twins?

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