In Hazbun Escaf v. Rodriquez, 200 F.Supp.2d 603 (E. D. Va. 2002), the District Court held that the child was habitually resident in Colombia immediately prior to his retention in the United States. The child had lived his entire life in Colombia, attended school there, and had numerous friends and family in Columbia. The mother did not abandon the child, and thus the father's retention of the child violated the mother's custody rights under Columbian law, even though the mother had granted permission for the child to visit the father in United States for a brief period. The mother was exercising her lawful custody rights immediately prior to the father's retention of the child in the United States, and she promptly and steadfastly objected to the child= s retention and vigorously pursued steps to compel the child's return to Colombia.

Evidence that American businessmen generally, and the father in particular, faced a heightened risk of kidnapping and violence was insufficient to establish that the child was in grave risk of harm.