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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


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