In Mckenzie v McKenzie, 168 F.Supp.2d 47 (2001) the Mother, a resident and citizen of Germany, petitioned for the return of her daughter from the United States to Germany, pursuant to the Hague Convention, as implemented by the International Child Abduction Remedies Act (ICARA). The District Court, held that the child's place of habitual residence was Germany, and thus the child should be returned to Germany. For a party to invoke relief under the Hague Convention on Civil Aspects of Child Abduction, both countries involved must be signatories to Convention, and the child must be under 16 years of age. Under the Hague Convention, a court may determine whether a child is to be returned, but may not address the merits of any underlying custody dispute. A petitioner must show by a preponderance of the evidence that, under the Convention, the child was wrongfully removed or retained from his place of habitual residence. Place of "habitual residence" is determined more by a state of being than by any specific period of time. Technically, habitual residence can be established after only one day as long as there is some evidence that the child has become "settled" into the location in question. The court found that the child's place of habitual residence was Germany, and that the child should be returned to Germany, although the child was in the United States from November 2000 until August 2001. The child was not settled in the United States with any sort of permanence; the child's mother and father came to the United States on a trial basis, and the mother, a German citizen, maintained a residence in Germany, as well as occupational and familial ties with that country.