DELVOYE V. LEE
329 F.3d 330 (3rd Cir. 2003)
NATURE OF THE CASE: Delvoye (P) father appealed from an order, which denied P's petition
to return his baby to Belgium under The Hague Convention on the Civil Aspects of
International Child Abduction
FACTS: P and Lee (D) met in New York early in 2000. P resided in Belgium but made several
trips to visit D. A romantic relationship developed between them. In August 2000, P moved
into D's New York apartment. While continuing to live in Belgium, P spent about a quarter of
his time in New York. In September 2000, D learned that she was pregnant with P's child. D
began prenatal care in New York, but because P refused to pay the cost of delivery of the
baby in the United States and Belgium offered free medical services, D agreed to have the
baby in Belgium. She traveled to Belgium on a three-month tourist visa, bringing along only
one or two suitcases. D left the rest of her belongings, including her non-maternity
clothes, in the New York apartment. D lived out of her suitcases. When her visa expired she
did not extend it. The baby was born on May 14, 2001. The relationship between the parties
had deteriorated. After initially resisting, P signed the consent form that enabled D to get
an American passport for Baby S and agreed to D's return to the United States with Baby S in
July 2001. P made several trips to the United States and the parties made several attempts
to reconcile. P then filed this petition. Following an evidentiary hearing, the district
court denied the petition. The district court held that D had failed to meet his burden of
proving that Baby S was a habitual resident of Belgium. It reasoned that a two-month-old
infant, who is still nursing, has not been present long enough to have an acclimatization
apart from his parents. This appeal followed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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