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Habitual Residence | Parental Intent | Precedent
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.
Holding
Saball v. Town of Groton (Leo T. Sorokin, D. Mass. 1:18-cv-12312)
Defenses | Settlement and Immigration Status | Grave Risk | Motions for New Trial
Factual Error | Burden of Proof
Habitual Residence
Grave Risk | Court’s Discretion to Return | Undertakings | Habitual Residence
Custody Rights[1]
Habitual Residence | Parental Intent | Acclimatization | Time-Limited Relocations