Delvoye v. Lee
United States Court of Appeals for the Third Circuit
329 F.3d 330 (2003)
Lee (defendant) traveled to Belgium on a three-month tourist visa intending to give birth there before returning to New York, where she and Delvoye (plaintiff), a Belgian resident, had been living; after the child Sebastian was born and the couple's relationship deteriorated, Delvoye signed a consent form letting Lee obtain Sebastian an American passport and return to the U.S., but later sought Sebastian's return to Belgium under the Hague Convention after reconciliation attempts failed, and the district court denied his petition.
Whether a child is wrongfully removed from a country under the Hague Convention if a parent's right to custody has been breached under the law of the country in which the child was a habitual resident immediately prior to removal.