Moreno v Zank, — F.3d —-, 2018 WL 3467919 (6th Cir., 2018) [Ecuador][Habitual residence][Re-abduction]

          In Moreno v Zank, — F.3d —-, 2018 WL 3467919 (6th Cir., 2018) the mother sought the return of a child to Ecuador.The district court held that the mother’s original abduction of the child to Ecuador years earlier meant that Ecuador could not be the child’s habitual residence. The Sixth Circuit held that reversal and remand was required because the proper remedy for the initial kidnapping to Ecuador was a Hague Convention petition filed in Ecuador, subject to applicable limitations and defenses, rather than the self-help remedy of (in effect) later re-kidnapping back to the United States.           The child, BLZ, was born in 2006 in Michigan to the then-married couple of Jason Zank, a citizen of the United States, and Liz Lopez Moreno, a citizen of Ecuador. Zank and Lopez Moreno divorced in July 2009. Their divorce decree granted Zank and Lopez Moreno joint legal…

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