Habrzyk Case Analysis
Gomez filed a petition for the return of the children on the legal issue that the twins Oscar and Emme have become settled in their new environment.
The petition of Jenifer Gomez to bring back the Oscar and Emme to Brazil under the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”), and implemented by the International Child Abduction Remedies Act, 42 U.S.C § 11601 et seq. (“IC-ARA). Habrzyk v. Habrzyk. It is further detailed in this legal issue that Gomez petition for the “settled” exceptions because Gomez could no longer file the petition on “wrongful removal” of the twins as it have already lapsed the 12 months provision of the Hague Convention, the Article 12 of the Hague Convention is put in question as “it is demonstrated that child is now settled in its new environment.” Habrzyk. Under the settlement issue, the factors courts consider in determining if a child has “significant connections” to the new country: “(1) the child’s age; (2) the stability and duration of the child’s residence in the new environment; (3) whether the child attends school or day care consistently; (4) whether the child has friends and relatives in the new area; (5) the child’s participation in community or extracurricular school activities, such as team sports (6) the respondent’s employment and financial stability.” Habrzyk. The Hague Convention further cannot tackle the issue on who has the right on custody of the child with wrongful removal of the child from the petitioner’s country. David v. Zamira.
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Anthony proves that the twins were able to adapt to their new country proving and satisfying all the factors that the courts
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