Monday, May 23, 2016
Neuman v Neuman, 2016 WL 2864969 (ED Michigan) [Mexico] [Petition granted] [Habitual Residence]
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.