Andreas Carlwig v. Sarodjiny Carlwig
Opinion
Opinion
MEMORANDUM
Sarodjiny “Sarah” Carlwig appeals the decision and order of the district court sending A.L.C. and E.R.S.C., her dual-national American and Swedish children, to Sweden pursuant to the Convention on the Civil Aspects of International Child Abduction (the “Convention”), and its implementing legislation, the International Child Abduction Remedies Act, 22 U.S.C. §§ 9001-11 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court’s decision relating to A.L.C., vacate the portion of the decision relating to E.R.S.C., and decline to issue a re-return order as to E.R.S.C.
“[Hjabitual residence analysis is ... a mixed question of fact and law under which we review essentially factual questions for clear error and the ultimate issue of habitual residency de novo.” Holder v. Holder, 392 F.3d 1009, 1015 (9th Cir.2004) (internal citation and quotation marks omitted). We “must consider the unique circumstances of each case when inquiring into a child’s habitual residence.” Id. at 1016 .
1. We affirm the judgment of the district court that A.L.C. is a habitual resident of Sweden, where he now resides with his father, Andreas Carlwig.