Guzzo v. Cristofano

Petitioner, the father, initiated this action under the Hague Convention and the International Abduction Remedies Act (ICARA), 42 U.S.C. 11601 et seq., alleging that respondent, the mother, had wrongfully removed the child from Italy. The district court held that the father had not established that the child's habitual residence was Italy and denied the father's petition for return of the child. The court found no clear error in the district court's finding regarding the parents' shared intent that the child would reside in New York; the parents never shared an intent for their child to abandon his prior habitual residence in the United States; and the father waived any arguments with respect to "acclimation." Accordingly, the court affirmed the judgment dismissing the petition. View "Guzzo v. Cristofano" on Justia Law