In Wojcik v. Wojcik, 959 F.Supp.2d 413 (ED. Mich. 1997), a French
father petitioned for the return of his children to France. The court
held that the A settled in
environment@ exception to
automatic return applied even though the father contacted the United
States Central Authority within a year of the wrongful retention.
The children were born in France, the father was French, the children
had been residing in France continuously until their removal by the
mother, the father was married to the mother and thus enjoyed the
presumption of joint custody under French law, the father and mother
were living together with the children immediately before the removal,
and the father exercised his parental rights before the children were
wrongfully retained in the United States.
The father did not commence proceedings before a judicial or
administrative authority within a year of the mother=
s wrongful retention and the A
settled in their environment@
exception to the automatic return of the children applied. No equitable
reason existed to preclude application of
A settled in their environment@
exception. The mother did not hide the children and in fact called the
father the first day of the wrongful retention and told the father the
location of the children.
The children, who were eight and five years old at the time of the
hearing, were settled in their new environment. The children had been in
the United States for 18 months. The mother and the children lived with
the mother= s brother for
eight months until they moved to a rented house. The children attended
school or day care consistently and had friends and relatives in the
area. The family attended church regularly, and the mother had stable
employment with the same employer for more than one year.