The following excerpt is from Ruiz Oliva v. Espinoza, 20cv1133-JAH-DEB (S.D. Cal. 2021):
"Because children, especially those too young or otherwise unable to acclimate, depend on their parents as caregivers, the intentions and circumstances of caregiving parents are relevant considerations. No single fact, however, is dispositive across all cases." Monasky, 140 S.Ct. at 727. Because parents often dispute their intentions during litigation, "the court should look at actions as well as declarations in determining whether the parents shared an intent to abandon a prior habitual residence." Walker v. Walker, 701 F.3d 1110, 1119 (7th Cir. 2012).
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