This case involves consideration of motions filed by both parents to modify and vacate the order of return. At the time of the hearing on the motions, the children had been returned to their habitual residence, Mexico.
Habitual Residence | Especially Young Children | Infants
The Sixth Circuit expanded the habitual residence standard to allow consideration of shared parental intent in cases involving especially young children who lack sufficient capacity to acclimate to any residence.
Intolerable Situation | Courts of Habitual Residence
This case addresses whether an “intolerable situation” under Article 13(b) includes the inability of the courts of the habitual residence to litigate child custody.