Military Dad Gets Child Back From Mom in England

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.

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