Nisbet

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDREW CHARLES NISBET, No. 23-3877 D.C. No. Petitioner - Appellant, 3:23-cv-00850-IM v.

SPIRIT ROSE BRIDGER, OPINION

Respondent - Appellee.

Appeal from the United States District Court for the District of Oregon Karin J. Immergut, District Judge, Presiding

Argued and Submitted September 10, 2024 San Francisco, California

Filed December 20, 2024

Before: Jay S. Bybee, Carlos T. Bea, and Salvador Mendoza, Jr., Circuit Judges.

Opinion by Judge Bea; Dissent by Judge Bybee SUMMARY *

Hague Convention

The panel affirmed the district court’s order, after a bench trial, denying Andrew Nisbet’s petition for the return to Scotland of his two young children under the Hague Convention on the Civil Aspects of International Child Abduction. The panel held that the district court did not clearly err in finding that, under the totality of the circumstances, Nisbet failed to prove by a preponderance of the evidence that the children were habitual residents of Scotland when they left with their mother, Spirit Bridger, for the United States.…