Koch v. Koch


450 F.3d 703 (7th Cir. 2006)


Seventh Circuit adopts Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001), which requires a court to determine first whether the parents shared an intent to abandon their prior habitual residence. In determining intent, the court should look at actions as well as deliberations. The establishment of habitual residence requires an actual change in geography as well as passage of an appreciable amount of time. Most circuits focus of the parents’ last shared intent in determining habitual residence. The goal of the convention is to return the parties to the status quo and discourage forum-shopping.

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