HAGUE CONVENTION AND CUSTODY MODIFICATION LITIGATION - HABITUAL RESIDENCE - “GRAVE RISK” DEFENSE - ADDITIONAL ANALYSIS REQUIRED.
A California Court of Appeal made some important points about the boudaries between custody cases adn hague convention cases, and construed the "Grave Risk of Harm" defense narrowly, in Forrest-Benavides v. Eaddy, ___ P.3d ___, ___ Cal. App. ___, 33 FLR 1039 (11/17/06), as it reversed a modifying decision by the California court that had made the original custody order.
