Mozes v. Mozes
United States Court of Appeals for the Ninth Circuit
239 F.3d 1067 (9th Cir. 2001)
Israeli citizens Arnon Mozes (plaintiff) and Michal Mozes (defendant) had four children; with Arnon's consent, Michal and the children moved to Los Angeles for at least 15 months to attend school, learn English, and experience American culture, while Arnon stayed in Israel but visited often. After one year, Arnon filed for divorce and custody in California, the trial court gave Michal temporary custody and barred Arnon from removing the children from California, and Arnon then petitioned federal court under the Hague Convention seeking the children's return to Israel; the oldest child voluntarily returned to Israel with both parents' consent, and the district court denied Arnon's petition as to the remaining three children, finding they were habitual residents of the United States.
Whether, to determine the habitual residence of a child pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, a court must conclude that the child completely abandoned a prior habitual residence to purposefully reside in a new settled location.