Ahmed v. Ahmed, No. 16-6486 (6th Cir. 2017)Annotate this Case
Faisal is a citizen of the United Kingdom, residing in London. Mardia is a U.S. citizen. They married in Bangladesh in 2009, while Mardia was a student in Michigan. She remained in Michigan to complete her studies. In 2011, Mardia moved to London; in 2013 she applied for Indefinite Leave to Remain, In 2014, Mardia, then pregnant, traveled to Knoxville, where she had lived previously. The couple disputes whether she intended to return to the UK. Faisal traveled to Knoxville on a three-month visa. Mardia gave birth to twins in Knoxville and the family moved into an apartment. Faisal’s visa expired; he returned to London. Mardia insists she told him then that she intended to remain in the U.S. with the children. Faisal visited the U.S. in April 2015. The next month, the entire family traveled to the UK. The parties dispute their intentions. In July 2015, Mardia traveled with the children to Bangladesh. Their tickets indicated they were scheduled to return to London on August 5. Mardia claims she told her husband that she would not return. Faisal claims he did not learn her plans until August 4, when she flew to Knoxville with the children. He sought their return under the Hague Convention, as implemented by 22 U.S.C. 9001. The Sixth Circuit affirmed denial of Faisal’s petition, finding that he failed to establish that the UK was the children’s habitual residence at the time Mardia retained them.