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1 Commentary: Appellate Court Cases, Farr v. Kendrick, 824 F. App'x 480 (9th Cir. 2020) 1 (2020)

handle is hein.congcourts/fjcapp0001 and id is 1 raw text is: Commentary: Appellate Court Cases Farr v. Kendrick, 824 F. App'x 480 (9th Cir. 2020) Other Ninth Circuit Cases In re A.L.C., 607 F. App'x 658 (9th Cir. 2015) E.R.S.C. v. Carlwig (in re A.L.C.), 607 F. App'x 658 (9th Cir. 2015) Margain v. Ruiz-Bours, 592 F. App'x 619 (9th Cir. 2015) Murphy v. Sloan, 764 F.3d 1144 (9th Cir. 2014) Valenzuela v. Michel, 736 F.3d 1173 (9th Cir. 2013) Cuellar v. Joyce (Cuellar I), 603 F.3d 1142 (9th Cir. 2010) Cuellar v. Joyce (Cuellar ), 596 F.3d 505 (9th Cir. 2010) Asvesta v. Petroutsas, 580 F.3d 1000 (9th Cir. 2009) In re B. Del C.S.B., 559 F.3d 999 (9th Cir. 2009) Papakosmas v. Papakosmas, 483 F.3d 617 (9th Cir. 2007) Von Kennel Gaudin v. Remis (Gaudin IIn, 415 F.3d 1028 (9th Cir. 2005) Holder v. Holder (Holder I), 392 F.3d 1009 (9th Cir. 2004) Von Kennel Gaudin v. Remis (Gaudin I), 379 F.3d 631 (9th Cir. 2004) Holder v. Holder (Holder ), 305 F.3d 854 (9th Cir. 2002) Von Kennel Gaudin v. Remis (Gaudin ), 282 F.3d 1178 (9th Cir. 2002) Gonzalez-Caballero v. Mena, 251 F.3d 789 (9th Cir. 2001) Habitual Residence I Precedent The Ninth Circuit affirmed a district court's deci- sion, based on pre-Monasky precedent, to deny a father's petition for the return of his children to Mexico, despite the fact that the district court had relied on Mozes v. Mozes's2 use of parental intent criteria to determine habitual residence. Holding The district court had carefully considered the to- tality of circumstances, as delineated by the Su- preme Court, to arrive at its findings. The Ninth Circuit affirmed the ruling, finding that the United States was the children's habitual residence and affirming the district court's denial of the father's petition. Facts In a three-day trial, the district court, relying on Mozes, reviewed the evidence and focused on whether there was shared parental intent to aban- don the family's previous habitual residence in the United States. These are the facts supporting the district court's finding on habitual residence: (1) the mother considered the move to Mexico temporary, lasting only three to five years; (2) the mother re- peatedly requested to return to the United States; (3) in an email exchange, the parties referred to their residence in Houston, Texas, as their perma- nent residence; (4) the father described a plan of action for return to the United States; (5) the par- ents and children had U.S. citizenship; (6) the fa- ther's job in Mexico was temporary; (7) the visas for the mother and children had expired; (8) they had extended family in the United States; and (8) Commentary-Farr v. Kendrick Page 1

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