· 6/13/2006
Antonia P. Koch v. Dane J. Koch
Citations
- 450 F.3d 703
- 2006 U.S. App. LEXIS 14417
- 2006 WL 1620325
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “the objective facts point[ed] unequivocally” to habitual residence in Germany, even though the parents intended to return to the United States at some point
- recognizing the Pérez-Vera report as the official history of the Hague Convention and an authoritative source of its meaning and scope
- explaining that habitual residence may be established by the shared'actions and intent of the parents, coupled with “the passage of an appreciable amount of time”
- noting that the Kochs had no home to return to in the United States in finding a shared intent to habitually reside in Germany
- noting that the Kochs closed all of their bank accounts in the United States before moving to Germany in finding intent to abandon United States
- holding Germany was children’s habitual residence as parents moved there together with the shared intent to remain for at least three years
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Rovner, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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