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Robert v. Tesson, 507 F.3d 981

Facts

Ivan Nicholas Robert and Gayle M. Tesson, who married in France, had twin sons born in Houston, Texas. The family lived in various locations in the United States and France, with significant time spent in both countries. After a series of separations and reconciliations, Tesson moved with the twins to the United States, where they lived for an extended period. Following a disagreement, Tesson left with the twins to visit her mother in the U.S., leading Robert to file a petition for their return under the International Child Abduction Remedies Act.

Petitioner Ivan Nicholas Robert, a citizen of France, met Respondent Gayle M. Tesson in 1994. At the time, Petitioner was training to be a helicopter pilot in Houston, Texas, while Respondent was practicing anesthesiology in the same city. Although the parties resided in the United States at this time, Petitioner purchased a laundromat in France in 1995 using money loaned to him by Respondent.

Issue

Whether the twins were habitual residents of the United States at the time of their alleged abduction, and what legal standard should be applied to determine habitual residence under the Hague Convention.

The question of which standard should be applied in determining a child's habitual residence under the Hague Convention is one of law, and is reviewed de novo by this Court.

Rule

A child's habitual residence for purposes of the Hague Convention is the nation where, at the time of the removal, the child has been present long enough to allow acclimatization, and where this presence has a degree of settled purpose from the child's perspective.

The purpose of the Hague Convention is to “protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence….”

Analysis

The court applied the rule by examining the twins' experiences in the United States, noting their socialization and schooling there. It found that the children had established a significant connection to the U.S. during their time living there, which outweighed the parents' subjective intentions regarding their habitual residence. The court emphasized that the focus should be on the children's past experiences rather than the parents' intentions.

The magistrate judge determined that “the parties held no shared intent to abandon the United States,” and concluded that “[i]n the absence of shared intent, the Court examines the evidence to determine whether ‘the objective facts point unequivocally’ to the conclusion of a new habitual residence in France.”

Conclusion

The Court of Appeals affirmed the district court's decision, concluding that the twins were habitual residents of the United States at the time of their removal, and thus denied the petition for their return to France.

For the reasons that follow, we hold that the district court applied an incorrect legal standard in determining that the children were habitual residents of the United States at the time of the alleged abduction. Nevertheless, because we also believe that applying the district court's findings of fact to the proper legal standard will not alter the outcome of that court's decision, we AFFIRM the district court's decision denying the petition for return of children.

Who won?

Gayle M. Tesson prevailed in the case as the court affirmed the lower court's ruling that the twins were habitual residents of the United States, which justified their retention there.

Petitioner alleges that Respondent illegally abducted the twins to the United States, and that the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”) requires that they be returned to France.

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