(DOWNLOAD) "Karkkainen v. Kovalchuk" by United States Court of Appeals for the Third Circuit # eBook PDF Kindle ePub Free

June 07, 2021

eBook details

Title: Karkkainen v. Kovalchuk
Author : United States Court of Appeals for the Third Circuit
Release Date : January 24, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

Milla Karkkainen filed a Petition for Return of Child under the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11670, 19 I.L.M. 1501 ("Hague Convention"). Karkkainen alleged that her ex-husband, Vladimir Kovalchuk, and his current wife, Julie dItri (collectively, the "Respondents"), wrongfully retained her daughter, Maria Kovalchuk, when she was eleven years old. The District Court denied the petition, holding that there was no wrongful retention because Marias habitual residence was the United States. Karkkainen appeals this decision, arguing that Maria is habitually resident in Finland. Although this is a close case, we believe that, prior to her retention, Maria acclimatized to the United States and that there was a degree of settled purpose from her perspective to remain in this country. The existence of shared parental intent to permit Maria to choose her country of residence bolsters this conclusion. Thus, we agree with the District Courts finding that Maria is a habitual resident of the United States and will affirm.