Norinder v. Fuente

Husband, a resident of Sweden, sought return of his child, under the Child Abduction Remedies Act, 42 U.S.C. 11601., which implements the Hague Convention on the Civil Aspects of International Child Abduction. Wife had taken the child to the United States, her home country, under the guise of a vacation. The Act provides for return of a child to the child's "habitual residence." The district court concluded that Sweden, where all three had lived until recently, was the habitual residence. The Seventh Circuit affirmed. The district court acted within its discretion in denying additional time for discovery and in awarding husband fees and costs. The court noted evidence that wife moved to Sweden, intending to make it her permanent home and the lack of evidence that husband presented a risk of harm to the child.