Rocco v Rocco
Apr 27, 2014OUTCOME: The court determined that the United States was the home state of the minor child. The child remained in Florida with his parent and was not forced to return to Australia.
This matter is before the Court on a Petition for Return of Child to Petitioner, the Court issued an order requiring Respondent to show cause why the children should not be returned to Australia. After ... an evidentiary hearing was held the Petition was brought by the mother of three children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention"), as implemented by the International Child Abduction Remedies Act ("ICARA"). Under ICARA, when a child has been wrongfully removed from its habitual residence a parent may petition a United States District Court to order the childs' return to any country that is a signatory to the Hague Convention. Id. § 11603(b).