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.
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