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Miller v. Miller, 240 F.3d 392 (4th Cir. 2001)
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In Miller v. Miller, 240 F.3d 392 (4th Cir. 2001) the
Fourth Circuit held that Canada was the habitual residence of the
children; both had been born in Canada and had resided there with their
mother for a substantial portion of their lives until they were removed
by their father to the United States. The mere existence of a New York
order granting permanent custody of the children to their American
father was not in itself a defense to wrongful removal from Canada. |
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