Yossi Gitter, in the Matter of Eden Moshe Gitter: Infant Under the Age of 16 v. Miriam Gitter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that a father's decision to close bank accounts in the United States and open Israeli bank accounts was evidence that the father intended to abandon New York and adopt Israel as the family’s new residence
• observing that “a child who has spent fifteen years abroad ... would predictably suffer severe harm if returned to the state he had experienced only at birth,” and that this harm “might overcome” the parents’ last shared intent
• recognizing the Pérez–Vera Report as “an authoritative source for interpreting the Convention’s provisions”
• adopting the analysis of Mozes and noting that only in “relatively rare circumstances” would evidence of acclimatization outweigh parental intent
• considering the subjective intentions of parents to determine whether the parents shared an intent to adopt a new country of residence for their children
• finding the Mozes opinion “particularly instructive” in determining habitual residence by considering the intentions of the parents as of the last time their intentions were shared

Source: CourtListener parenthetical corpus (CC0).