Domestic Relations-Petition for Return of Child-Hague Convention-Habitual Residence

Plaintiff appealed the denial of his petition for the return of the parties’ child under the Hague Convention. The parties met in Colombia and were residing there when defendant became pregnant with the parties’ child. After their Colombian visas expired, the couple relocated to plaintiff’s home country of Argentina. After the parties’ child was born, defendant planned to return to her home country of the U.S. but could not do so due to COVID-19 travel restrictions. The parties later ended their relationship, which was marked with incidents of domestic violence by plaintiff. Defendant received permission from an Argentinian court to travel to the U.S. with the parties’ child for 40 days; she remained there with the child and began full-time employment. The district court denied plaintiff’s petition, finding that he failed to establish that Argentina was the child’s habitual residence.  

Where the district court did not treat the parties’ travel intentions as dispositive, the fact that the child had exclusively resided in Argentina was insufficient to conclude it was the child’s habitual residence. 

Judgment is affirmed. 

Alzu v. Huff (MLW No. 84251/Case No. 24-2517 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Western District of Missouri, Harpool, J. (Christopher F. Weiss, Springfield, MO for appellant) (Elaina K. Aquila, New York, NY for appellee; Richard A. Rothman, New York, NY; Samuel N. Sherman, Kansas City, MO; Elaina K. Aquila, New York, NY; and Emma Evans, New York, NY on the brief)