Father and Italian public service agency were exercising their rights of custody over the minor children at time children were retained in the United States, as required to establish prima facie claim of wrongful retention, under the Hague Convention on Civil Aspects of International Child Abduction and its implementing statute, the International Child Abduction Remedies Act (ICARA); although father returned to Italy, the children’s country of habitual residence, and left the children with their mother, he gave no indication that he intended to abandon his parental rights, the agency was still engaged in active monitoring of the children up to the time the family left Italy for a family vacation in the United States, and the agency had scheduled a counseling session on a date following the family’s expected return date.
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Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.