Mozes

ORDER DENYING PETITION FOR RETURN OF CHILDREN PURSUANT TO HAGUE CONVENTION

I.

Introduction

Pending before the Court is a petition filed by Arnon Mozes for the return of three of his children to Israel pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”), Dec. 23, 1981, 51 Fed.Reg. 10494, 10498-502, as implemented by the United States in the International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. §§ 11601-11610 . Petitioner alleges that pursuant to the ICARA, his children have been wrongfully retained in the United States by respondent and must be returned to Israel. Respondent Michal Mozes, who is petitioner’s wife and the mother of their children, contests the applicability of the Convention, denies that the children have been wrongfully retained and opposes the petition to remove the children to Israel.

Based on the reasons articulated below, this Court finds that the Mozes children— Chen, Guy and Keren — are habitual residents of the United States. Therefore, the protections of the Convention are not invoked, and they need not be returned to Israel pursuant to the International Child Abduction Remedies Act. The…