Antunez-Fernandes v. Connors-Fernandes

MEMORANDUM OPINION AND ORDER REGARDING PETITION FOR RETURN OF CHILDREN

READE, District Judge.

TABLE OF CONTENTS

I. INTRODUCTION.806

II.FACTUAL BACKGROUND.:.806

III. JURISDICTION.809

IV. LEGAL ANALYSIS.809

A. Prima Facie Case of Wrongful Detention.809

1. Habitual Residents.810

2. Custody Rights and the Exercise Thereof.811

B. Affirmative Defenses.812

1. Whether Mr. Fernandes Acquiesced in the Wrongful Removal and Retention .812

2. Whether the Proceeding Was Commenced After More Than One Year Had Elapsed and Whether the Children are “Well Settled” In Their New Environment 00 H

3. Risk of Grave Harm. 00 M cn

4…