Almost four years in Mexico was
sufficient to render Mexico the children's country of habitual residence.
Indicators suggestive of acclimatization include social engagements,
participation in sports programs and other excursions, meaningful connections
with people and places,and most especially,academic activities, which are
“among ‘the most central...in a child's life.’ Even though the Mexico
assignment was a temporary one, Mexico was, both at the time of removal and for
some years prior, the exclusive site of the children's day-to-day lives and
experiences. It was in Mexico where the Neumanns maintained a home and a
majority of their belongings.While respondent stressed that there was no
settled intent to remain in Mexico permanently, this argument ignored that the
Sixth Circuit has specifically rejected the notion that the parents' subjective
intent should control. The Sixth Circuit
deplored this “subjective intent” approach, which “made seemingly easy cases
hard and reached results that are questionable at best,” Robert, 507 F.3d at
990-991.
No comments:
Post a Comment