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In re Morris, 55 F.Supp.2d 1156 (D. Colorado, 1999)

In re Morris, 55 F.Supp.2d 1156 (D. Colorado, 1999), the court held that the concept of "habitual residence" is not synonymous with common law domicile. It connotes more than mere physical presence in the contracting state. Although the Hague Convention required the court to focus on the child in determining his habitual residence, when the child was merely two years old and was unable to meaningfully and independently express his feelings regarding his habitual residence and had no capacity to determine such status, the court was required to consider the overtly-stated intentions and conduct of his parents to determine whether they formed the necessary degree of settled purpose required for habitual residence.