Nicolson v. Pappalardo’s Empirical Analysis
605 F.3d 100 · 2010
Citation profile
15 federal appellate · 5 district ·
Relationships
Applies 42 U.S.C. § 11601 (International Child Abduction Remedies Act) · 42 U.S.C. § 11603
Relies on Friedrich v. Friedrich · Feder v. Evans-Feder · Mozes v. Mozes · Richard Charles Whallon Jr v. Diana Lynn · Gitter v. Gitter
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The mother] points to several facts already mentioned — [the father]’s participation in extensive preparations for her and [the child]’s trip and the transfer of. the car’s title — and to others: [the father’s invitation to a male friend to move into the house after his family’s departure, [the father]’s mother’s emails expressing sadness at losing the child, [the father]’s Internet posts on Facebook.com that described [the child]’s departure as “my loss of my family”, and “his baby girl ha[ving] been ripped from him” and his change of status on that website from “married” to “single” (which he quickly changed back), and various other statements. But [the father] can also point to circumstances- in his favor consistent with his testimony that he believed [the mother] and [the child] would return to Australia and did not consent to -more than a temporary stay for [the child] in the United States. These include his immediate arrangement for leave to fly to Sydney to confront [the mother] and seek legal advice after his mother informed him of [the mother]’s intentions, [the mother]’s statements that she was open to continuing to work on their marriage, his efforts to persuade her to return thereafter and her reservation of a ticket to return.”
1 later decision quote this exact passage · from the majority“if a child is born where the parents have their habitual residence, the child normally should be regarded as a habitual resident of that country.”
1 later decision quote this exact passage · from the majoritye.g. Taglieri v. Monasky“adopted an approach that begins with the parents' shared intent or settled purpose regarding their child's residence.”
1 later decision quote this exact passage · from the majoritye.g. Peralta v. Garay
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.