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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.