In Tsarbopoulos v Tsarbopoulos, 176 F.Supp.2d 1045 (E. D. Washington, 2001) the District court held that the mother's removal of the parties' children from Greece to the United States was not actionable in a petition for return under the Hague Convention, and even if theHague Convention was applicable, the Article 13(b) defense that grave risk of harm exists that the return of child would expose the child to physical or psychological harm was applicable. The Court held that the parties did not share a settled intent to change the family's habitual residence from the United States to Greece, and therefore, the mother did not remove the children from their habitual residence. Spousal abuse is a factor to be considered in the determination of whether the Article 13(b) defense for is applicable where grave risk exists that return of child would expose child to physical or psychological harm applies because of the potential that the abuser will also abuse the child. The burden is on removing party to prove by clear and convincing evidence the applicability of the Article 13(b) defense. There was clear and convincing evidence that there was a grave risk of physical and psychological harm to the children were the court to order children's return to Greece in view of evidence of father's physical and emotional abuse of the children and that they were settled in the state of Washington.