No Clear Error

While specifically addressing a novel Hague Convention child-custody issue, Harm v. Lake-Harm provides a useful general illustration of clear-error review: “There is evidence that SLH might have established a habitual residence in Ireland. As noted above, the family discussed and took steps toward setting up a ‘home base’ in Ireland to provide more opportunities to SLH. ... It is equally plausible, however, as the trial court concluded, that SLH’s presence in Ireland was transitory. Ms. Lake-Harm’s career as a
professional musician sent mother and daughter on a dogged schedule of
travel outside Ireland. ... We hold that the district court’s determinations are plausible in light of the record as a whole.” No. 20-30488 (Oct. 21, 2021).

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