In Zuker v. Andrews, 2 F.Supp.2d 134 (D. Mass. 1998), the court held that since the American mother and Argentinian father had agreed that the mother and child would live in Argentina for several months while the father worked there, Argentina was the child= s habitual residence while he lived there.

The mother's retention of the child occurred, when she moved into her own apartment in Massachusetts, since that act communicated to the Child's habitual residence was in Massachusetts at time of the mother's retention, since the mother and father had at least tacitly agreed that the mother and child would remain in the United States for some period of time while the father continued to work in Argentina. Accordingly, the mother was not retaining the child from what was then his habitual place of residence, so as to render the retention "wrongful".

The father's petition for return was filed over a year after the alleged retention and the child was settled in his new environment in Massachusetts at time of the petition, as demonstrated by his full-time attendance at day care and reports that he had established relationships with the teachers and other children.