In Gitter v. Gitter, 2003 WL 22775375 (E. D. N. Y. 2003), the father petitioned for return of his son from the United States to Israel, pursuant to the Hague Convention.

The District Court held that son's place of habitual residence was the United States, and thus, he would not be returned to Israel. Although the parents mutually agreed to move from the United States to Israel on a conditional basis, namely, that the mother would be satisfied living in Israel, the mother, who was unhappy in Israel, never intended to make Israel the child's permanent home.