nysdivorce.com    brandeslaw.com

^{The definitive site on the web for New York Divorce and Family Law.}

Miller v. Miller, 240 F.3d 392 (4th Cir. 2001)

 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.