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In re Application of Ponath, 829 F. Supp. 363, 367 (D. Utah 1993)

 

 

In re Application of Ponath, 829 F. Supp. 363, 367 (D. Utah 1993) held that although it is the habitual residence of the child that must be determined, the desires and actions of the parents cannot be ignored.... The concept of habitual residence must ... entail some element of voluntariness and purposeful design.

  

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