Edward M. Feder v. Melissa Ann Evans-Feder

I respectfully dissent, not necessarily because I disagree with the majority’s analysis of the facts, but rather with the standard by which these facts are reviewed. The issue presented to the district court was the determination of a four year-old boy’s “habitual residence,” either JenMntown, Pennsylvania, where he has lived almost his entire life and where his mother now resides, or Sydney, Australia, where he stayed for five months in 1994 and his father now resides. Resolution of this issue determines where the child shall reside pending conclusion of his parents’ custody dispute.

The…