Father appealed, and now a Federal Circuit Court of Appeals vacates that order and rules in favor of Father. The Circuit Court has found that (1) Fathers appeal is not moot; (2) Trial Court need not order childs return on the Hague petition if the petitioning parent consented to childs removal or retention; (3) Mother clearly consented to Texas Trial Courts orders regarding Childs custody, therefore Mother consented to Childs retention for Hague Convention purposes; (4) Childs brief residence with Mother in U.K. did not change Childs habitual residence from Texas to U.K.; and (5) Father met his burden of showing that Mothers consent was complete defense to her Hague Convention action. Circuit Court vacates District Courts order and renders judgment for Father.
Divorce is an emotional, trying time for all parties involved. It can be even more complicated when there are children involved, and a custody battle