Mozes v. Moze

239 F.3d 1067 (9th Cir. 2001)

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Nature of the Case

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Facts

H and W are Israeli citizens. They agreed to have W take their children to Los Angeles because both parents agreed that the children would profit from a chance to attend school here, learn English and partake of American culture. W moved with the children to Beverly Hills, where she leased a home, purchased automobiles and enrolled the children in school. H remained in Israel, but he paid for both the house and the automobiles used by his family and stayed with them at the house during his visits to Los Angeles. They agreed to stay for 15 months. A year after they arrived in the United States, W filed an action seeking dissolution of the marriage and custody of the children. The court granted temporary custody to W and entered a temporary restraining order enjoining H from removing the children from southern California. H filed a petition in federal district court, seeking to have the children returned to Israel under The Hague Convention. H now appeals the district court's denial of his petition with regard to the three younger children.