In Kanth v. Kanth, 79 F.Supp.2d 1317 (D. Utah 1999) the Court
held that Australia was not the habitual residence of the young children
of a college professor and his wife. While the professor twice held
teaching positions in Australia, each lasting nine months, they were
stopgaps while he sought United States employment, and there were
indications oldest child did not feel comfortable in Australia.
Mr. and Mrs. Kanth and their two daughters were citizens of the
United States. Mr. Kanth was born in India, but moved to the United
States and became naturalized.
Because Mr. Kanth was not able to locate an acceptable academic
position in the United States, he accepted a teaching position at the University
of New South Wales, Australia. Mrs. Kanth opposed the move, consenting
to go only when Mr. Kanth told her that the family's stay in Australia
would last only six months. The Kanth family traveled to Australia on
temporary visas, arriving in July 1997. They left behind most of their
household furnishings and personal belongings, including many of the
children's toys.
