Court of Appeals decision ordering child to be returned to Italy is affirmed. A child’s habitual residence depends on the totality of circumstances specific to the case.
A ne exeat right, or a right to prevent a child’s removal from his country of residence, is roughly equal to “joint custody” and is, thus, a “right of custody.”
Seventh Circuit adopts Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001), which requires a court to determine first whether the parents shared an intent to abandon their prior habitual residence.