Although
more than one year passed between the date of wrongful removal and the date of
filing the Court found that K.J. was not
now settled in his new environment. Age and maturity defense not established
where 11 year old child, was found sufficiently mature that his views should be
taken into account and did not object to returning to Sweden. At most, K.J. was
ambivalent as to whether to remain in the United States or return to Sweden.
Such ambivalence in K.J.'s wishes with respect to returning to Sweden was
insufficient to meet Respondent's burden of proof as to this exception.
In our International Child Abduction Blog we report Hague Convention Child Abduction Cases decided by the US Supreme Court, the Second Circuit Court of Appeals, Circuit Courts of Appeals, district courts and New York State Courts. We also provide information to help legal practitioners understand the basic issues, discover what questions to ask and learn where to look for more information when there is a child abduction that crosses country boarders.
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