Michael Kline v. Dena Kline

MEMORANDUM

Michael Kline (“Michael”) appeals the district court’s entry of judgment in favor of Dena R. Kline (“Dena”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Michael brought this action, seeking the return of minor children under the Hague Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”), as implemented by the International Child Abduction Remedies Act, 42 U.S.C. §§ 11601-11610 .

We previously held that the district court erred in concluding that an Arizona state court had adjudicated Michael’s Hague Convention claim. See Kline v. Kline, 308 Fed.Appx. 189, 190 (9th Cir.2009). We remanded so the district court could hold a hearing to determine habitual residence and wrongful removal under the Hague Convention. Id.

The district court held the evidentiary hearing, and concluded that the children were habitually resident in Scottsdale, Arizona. The district court held that, as a result, Dena’s removal of the children from Puerto Peñasco, Mexico to Scottsdale was not wrongful.

“[W]e accept the district court’s historical or narrative facts unless they are clearly erroneous, but exercise plenary review of the court’s…