Vasconcelos v. Batista

Father filed Petition under Hague Convention, seeking return of child to Brazil, alleging that Mother unlawfully abducted the child from Brazil.  Father filed Petition with U.S. District Court, Northern District.  Trial held.  District Court ruled that the well-settled exception under the Hague Convention applied, and denied Father’s petition.  Father appealed the U.S. District Court’s finding that the child was well-settled in the United States.  Father appealed to the U.S. Court of Appeals, 5th Circuit.  Court of Appeals affirmed District Court’s decision, finding that the age and maturity exception under the Hague Convention applied.