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Commentary: Appellate Court Cases
Pfeiffer v. Bachotet, 913 F.3d 1018 (11th Cir. 2019)
OCustody Rights I Habitual Residence
Other Eleventh Circuit Cases
Palencia v. Perez, Facts
921 F.4d 1333 (11th Cir. 2019)
A father and mother lived with their two children
Grau v. Grau, in Switzerland from 2012 until 2018. After a di-
No. 19-10982, 2019 U.S. App. LEXIS vorce judgment issued in 2017, the parties shared
20707 (1 th Cir. July 12, 2019) custody of both children, and the consent of both
Fernandez v. Bailey, parents was needed to relocate the children to a
909 F.3d 353 (11th Cir. 2018) new residence. However, one provision of the di-
vorce judgment provided that [the father] does
812 F.3d 1005 (11th Cir. 2016) not object to the mother's taking residence
abroad (U.S. or France) at/after the end of the
Seaman v. Peterson, school term 201 6/201 7.'' Other provisions of the
766 F.3d 1252 (11th Cir. 2014) divorce judgment also anticipated the possibility
that the mother might relocate outside Switzer-
Baran v. Beaty,ladwtthcidrn
526 F.3d 1340 (11th Cir. 2008) land with the children.
Pielagev. McConnell, The mother left Switzerland and moved with the
516 F.3d 1282 (11th Cir. 2008) children to Marietta, Georgia, in the United States,
Hanley v. Roy, on June 17, 2018. Before the move, the father
485 F.3d 641 (1 1th Cir. 2007) spent time with the children every other weekend,
on holidays, and during the summer. But at the
Ruiz v. Tenorio, end of the children's 2016-201 7 school term, the
392 F.3d 1247 (11th Cir. 2004) mother applied for and received U.S. immigrant
Furnes v. Reeves, visas for herself and the children.
362 F.3d 702 (1 1th Cir. 2004)
On June 9, the mother received a letter from the
Pesin v. Rodriguez, father in which he revoked his consent to her re-
244 F.3d 1250 (11th Cir. 2001) location with the children. She booked plane tick-
Lops v. Lops, ets for the United States that day and left with the
140 F.3d 927 (1 1th Cir. 1998) children on June 1 7. Two days before their depar-
ture, the father sent a letter to the divorce court
revoking his consent to the relocation of his chil-
dren. He requested that the court pose an immediate travel ban, but there is no record
of an order from the Swiss court.
One month after the mother and children left for the United States, the father filed a Hague
petition in district court for return of the children. After an evidentiary hearing, the court
denied his petition, finding that he had failed to satisfy his burden to show that the
1. Pfeiffer v. Bachotet, 913 F.3d 1018, 1021 (11th Cir. 2019).
Commentary-Pfeiffer v. Bachotet
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