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1 James D. Garbolino, Moreno v. Zank (Case Analysis) 1 (2018)

handle is hein.congcourts/fjcmvz0001 and id is 1 raw text is: Commentary: Appellate Court Cases Moreno v. Zank, 895 F.3d 917 (6th Cir. 2018) Habitual Residence Other Sixth Circuit Cases Taglieri v. Monasky, This case addressed whether abduction acts as a No. 16-4128, 2018 U.S. App. LEXIS bar to the establishment of a child's habitual res- 29178 (6th Cir. Oct. 17, 2018) idence in the country to which the child was taken. The Sixth Circuit found that resort to self- Ahmed v. Ahmed, help and failure to pursue an action for return of a 867 F.3d 682 (6th Cir. 2017) child under the Hague Convention may result in a Pliego v. Hayes, change in the child's habitual residence. 843 F.3d 226 (6th Cir. 2016) JenkinsA child was abducted by her mother from the U.S. 569ki. 59nkin2, to Ecuador in 2009. The child remained in Ecua- 569 .3d549(6t Ci. 209)dor for seven years and formed attachments indi- Simcox v. Simcox, cating that she had become acclimatized to Ec- 511 F.3d 594 (6th Cir. 2007) uador as her habitual residence. In 2016, father refused to return the child to Ecuador after sum- Robert v. Tesson, mer visitation. Mother petitioned for the return of 507 F.3d 981 (6th Cir. 2007) the child to Ecuador. Taveras v. Taveraz, 477 F.3d 767 (6th Cir. 2007) Facts March v. Levine, 249 F.3d 462 (6th Cir. 2001) In violation of a Michigan custody order, mother initially abducted the parties' daughter to Ecuador Sinclairv. Sinclair, in 2009. Although father commenced the admin- 121 F.3d 709 (6th Cir. 1997) istrative process for return of the child, he failed Friedrich v. Friedrich (Friedrich In to follow through with filing a case in Ecuador for 78 F.3d 1060 (6th Cir. 1996) the child's return under the 1980 Convention. In 2016, mother permitted the child to travel to the In re Prevot, United States to visit her father for the summer. 59 F.3d 556(6th Cir. 1995) Father failed to return the child as previously Friedrich v. Friedrich (Friedrich 1), agreed by the parties. In 201 7, mother petitioned 983 F.2d 1396 (6th Cir. 1993) for the return of the child to Ecuador. The district court acknowledged that the child lived in Ecua- dor from age three to ten and that she had been acclimatized to Ecuador and was settled there. Nevertheless, the district court denied mother's petition for return based on the illegality of abducting the child to Ecuador in 2009. The court concluded that the child's habitual residence was in the United States. Discussion Abduction does not act as a bar to the establishment of a child's habitual residence. The Sixth Circuit reversed the district court's decision and remanded the case for addi- tional proceedings. The Sixth Circuit adhered to its former precedents defining habitual Commentary-Moreno v. Zank Page 1

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