The father's absence from the home did not constitute failure to exercise custody rights at the time of removal, where the mother had used the threat of judicial authority to obtain the father's agreement to keep away from the home.

The ten-year-old child's objection to returning to his father in the United Kingdom was the product of undue influence, and thus would be afforded no weight. Acknowledging that a counselor gave him "a few ideas" which were that "I like it here and I'm settled in," the child used a term, i.e., "settled," which was the most significant legal term of the dispute and was not the language of a ten-year-old.

The court held that the wrongfully removed six-year-old and ten-year-old children were "settled" in the United States, and thus did not have to be returned to their father where they had lived in the same area for 22 months, were actively involved with extended family, were doing well in school, participated in extracurricular activities, and had made friends.

Philip Robinson petitioned for the return of his children, Benjamin and Stephanie, to Great Britain. The children's mother, removed them from Great Britain and they resided with her in Colorado.

In 1979 Petitioner and Respondent were married in Colorado, and moved to England soon thereafter where both children were born. The family lived together in England until June 1995, when Mrs. Robinson and the children moved out of the family residence.

While separated, Mrs. Robinson applied to a local court for a restraining order against Mr. Robinson. The parties entered into a court approved "undertaking," in which Mr. Robinson agreed to vacate the home pending resolution of the issues between them. Although the undertaking did not address custody of the children, they remained with Mrs. Robinson. At the end of July 1995, and without the consent of Mr. Robinson, Mrs. Robinson brought the children to Aspen, Colorado, where they moved in with her father and step- mother.

That fall, Benjamin was enrolled in the third grade at Aspen Elementary, where Mrs. Robinson worked part-time, and Stephanie began pre-school.

In January 1996 Mrs. Robinson and the children moved into their own apartment in Glenwood Springs, approximately 42 miles from Aspen. Despite the move, Mrs. Robinson continued to work and Benjamin finished the school year at Aspen Elementary. With the help of public assistance programs, Mrs. Robinson was eventually able to quit her job and begin college-level coursework emphasizing computers. After moving to Colorado, the children participated in several extra-curricular activities. Benjamin started to play hockey, joined the Cub Scouts and Kampus Club, played soccer, and briefly participated in the Aspen "Buddy" program. Stephanie belonged to the Brownies and regularly attended her brother's hockey games. Mrs. Robinson and the children frequently visit, or are visited by, her extended family and attend church together. They have received psychological counseling.

Mr. Robinson visited his family in Aspen in September 1995, but was unable to resolve matters. He next visited Colorado from July through September 1996. Since his return to England, he had not seen them.