NEW JERSEY DIVORCE MEDIATION : INTERNATIONAL CUSTODY

The mother alleged her ex-husband wrongfully detained their daughter when she was 11. The District Court denied the petition, holding that there was no wrongful detention because the child's habitual residence was the United States. Mother appealed, arguing that the child habitually resided in Finland. Although this is a close case, the appellate court affirms. Prior to her retention, the daughter acclimatized to the U.S. From her perspective, there was a degree of settled purpose to remain in this country. The existence of shared parental intent to permit the girl to choose her country of residence bolsters this conclusion.    Karkkainen v. Kovalchuk, et al., United States Court of Appeals  [3d. Cir.], April 24, 2006