Giguere v. Tardif

Summary

The court affirmed the order requiring the return of the children to Canada under the Hague Convention. It held that Canada was the children's habitual residence as of the date of their retention because the totality of the circumstances, including the temporary nature of the move, the family's Canadian ties, and the absence of shared intent to settle permanently in Massachusetts, pointed to Canada. The court also rejected the retaining parent's now-settled, consent, and acquiescence defenses.