Maxwell v. Maxwell, No. 08-1945
In a husband's petition for wrongful removal under the International Child Abduction Remedies Act, 42 U.S.C. section 11601 against his wife for taking their four children from Australia to the US after their failed marriage reconciliation attempt, district court's order denying his petition is affirmed as: 1) district court properly determined that the husband failed to prove by a preponderance of the evidence that the quadruplets' habitual residence was Australia; 2) the district court's finding that there was no shared parental intent to abandon the US as the quadruplets' habitual residence is not clearly erroneous; and 3) there are several objective factors supporting the district court's conclusion that the quadruplets never became acclimatized to Australia during their two-month stay.
Argued: September 22 2009
Decided: November 30, 2009
Opinion by District Judge Seymour
For Appellant: Neil Joshua Saltzman, Law Office of Neil J. Saltzman
For Appellee: Bradley B. Honnold, The Honnold Law Firm, PA.