Forrest-Benavides

Teena Forrest-Benavides appeals an order of the superior court denying a petition under the Hague Convention on the Civil Aspects of International Child Abduction, October 25, 1980, T.I.A.S. No. 11670 (the Convention) to require the return of her 12-year-old daughter, Ashlee, to Australia. She contends that the trial court’s denial of the petition violated the Convention and its implementing legislation, the International Child Abduction Remedies Act of 1988 ( 42 U.S.C.A. § 11601 et seq.). Because the evidence in the record is insufficient to establish a grave risk of harm to Ashlee if she is returned to Australia and also establishes that Australia is Ashlee’s country of habitual residence, we agree and reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

Ashlee is the daughter of Forrest-Benavides and respondent Samuel Baddy. Forrest-Benavides and Baddy were married in Las Vegas in August 1991 and thereafter lived together in San Diego. Ashlee was bom to them in March 1994. Forrest-Benavides and Baddy separated in 1995 and after 1996, Ashlee lived exclusively with Forrest-Benavides. In 1999 Forrest-Benavides initiated divorce proceedings and in August of that year,…