Roux

MEMORANDUM **

George August Roux appeals the district court’s order denying his petition for return of minor children under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act (ICARA), 42 U.S.C. §§ 11601-11610 . We have jurisdiction under 28 U.S.C. § 1291 . “[W]e accept the district court’s historical or narrative facts unless they are clearly erroneous, but exercise plenary review of the court’s choice of and interpretation of legal precepts and its application of those precepts to the facts.” Papakosmas v. Papakosmas, 483 F.3d 617, 622-23 (9th Cir.2007) (internal quotation marks omitted). We affirm.

We agree with the district court’s conclusion that even if the mother’s retention of the children violated appellant’s visitation rights, it did not violate the Hague Convention because the appellant was not actually exercising his rights at the time of the retention. See 42 U.S.C. § 11603 (e)(2)(B). It is undisputed that the father did not come to Arizona to pick up the children himself as provided in the Provincial Court’s May 16, 2005 order. Instead, he sent his mother, who was not a party named in the May…