Lynne Hales Chafin v. Jeffrey Lee Chafin

Summary

The Eleventh Circuit affirmed a district court order requiring the return of a child to Scotland under the Hague Convention on the Civil Aspects of International Child Abduction. The court held that the district court did not clearly err in finding Scotland to be the child's habitual residence or in determining that the child was wrongfully retained in the United States. The court also emphasized the need for expedited resolution of International Child Abduction Remedies Act proceedings.

Holdings

1. Habitual-residence determinations are reviewed under a mixed standard: factual findings are reviewed for clear error, while legal determinations and the application of law to the facts are reviewed de novo.
2. The district court did not clearly err in finding that the parties lacked a settled intent to abandon E.C.'s habitual residence in Scotland and establish a new habitual residence in Alabama.
3. The district court correctly found that E.C. was wrongfully retained in the United States as of May 15, 2010, when Jeffrey removed her passport and prevented her return to Scotland.
4. The district court correctly determined that Jeffrey failed to establish by clear and convincing evidence that returning E.C. to Scotland would expose her to a grave risk of harm.

Questions Presented

1. Whether the district court clearly erred in finding that E.C. was habitually resident in Scotland immediately before her retention in the United States.
2. Whether the district court clearly erred in finding that E.C. was wrongfully retained in the United States under the Hague Convention and ICARA.
3. Whether the district court correctly rejected Jeffrey Chafin's grave-risk-of-harm defense.
4. Whether the district court correctly applied the Hague Convention and ICARA to order E.C.'s return to Scotland.

Disposition

affirmed