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Hollis v. O'Driscoll

United States Court of Appeals, Second Circuit

January 7, 2014

John Matthew HOLLIS, Petitioner-Appellee.
v.
Olivia Skye O'DRISCOLL, Respondent-Appellant.

Argued: Dec. 10, 2013.

Page 109

[Copyrighted Material Omitted]

Page 110

Philip C. Segal, Segal & Greenberg LLP, New York, NY, for Petitioner-Appellee.

Edward D. Altabet (Sean T. Haran, on the brief), Nixon Peabody LLP, New York, NY, for Respondent-Appellant.

Before: CABRANES, WESLEY and LIVINGSTON, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

In this appeal we consider whether the United States District Court for the Southern District of New York (Alison J. Nathan, Judge ) erred in granting the petition of John Matthew Hollis for the return of his daughter, H.L.O., from New York to New Zealand, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (the " Hague Convention" ) and its implementing legislation, the International Child Abduction Remedies Act, 42 U.S.C. ยงยง 11601 et seq. (" ICARA" ).

Appellant Olivia Skye O'Driscoll argues on appeal that the District Court erred in concluding that: (1) H.L.O. was a habitual resident of New Zealand immediately prior to her removal to New York by her mother O'Driscoll; (2) Hollis did not consent to H.L.O's indefinite removal to New York; and (3) H.L.O. had not acclimated to her residence in New York such that it had become a new habitual residence.

BACKGROUND [1]

Hollis and O'Driscoll are both citizens of New Zealand, where they lived when their relationship began in January 2010. After O'Driscoll became pregnant with H.L.O. in March 2010, the two became engaged and lived together in Auckland, New Zealand in the months leading up to H.L.O.'s birth in December 2010, and for the first five months of H.L.O.'s life.

In May 2011, the relationship began to deteriorate. Around that time, Hollis and O'Driscoll each moved separately to Tauranga, New Zealand, and they never lived together again. After moving to Tauranga, O'Driscoll and H.L.O. did not have their own apartment, but instead " stayed in various guest bedrooms and on various couches." Appellant's Br. 34. In October 2011, O'Driscoll spent two months in Japan with H.L.O. working as a model, after which she returned to New Zealand.

In early January 2012, although still living separately, O'Driscoll and Hollis spent time together with H.L.O., and Hollis had expressed a desire to reconcile. When O'Driscoll raised the possibility of re-launching her modeling career in New York, Hollis indicated that he would consent to such a move on the assumption that he would also move to New York to be with O'Driscoll and H.L.O. In February 2012, after the ...


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