Daniela Smedley v. Mark Smedley

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER and Judge THACKER joined.

DUNCAN, Circuit Judge:

Ever since A.H.S. and G.A.S., the Smedley children, left North Carolina with their mother, Daniela Smedley, they have lived with only one of their parents. First, Daniela took them to Germany, where they stayed with her. Later, during a one-month visit to North Carolina to see their father, Daniela’s exhusband Mark Smedley, Mark decided to keep them. In each instance, the parent not housing the children (i.e. first Mark and then Daniela) petitioned under the…