Hollis v. O'Driscoll, No. 13-3688 (2d Cir. 2014)Annotate this Case
Respondent, the mother, appealed the district court's grant of petitioner's, the father, petition for the return of his daughter from New York to New Zealand under the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670, 1343 U.N.T.S. 90, and its implementing legislation, the International Child Abduction Remedies Act, 42 U.S.C. 11601 et seq. The court held that New Zealand was the daughter's habitual residence immediately prior to her removal to New York; petitioner had some custody rights to the daughter and did not consent to the mother taking her to New York indefinitely; the daughter had not "acclimated" to life in New York such that it was the equivalent of a new habitual residence; and the district court should determine, in the first instance, whether to order respondent to pay petitioner the costs associated with bringing this action in the district court and on appeal.