International Custody Dispute: Moreau v. White Hague Convention Appeal

This episode from the United States Court of Appeals for the Fifth Circuit addresses a complex international child custody battle under the Hague Convention. The court affirms a district court’s order to return two children to Canada, determining that their long-term residence there established it as their habitual residence despite the mother’s earlier claims that the move was temporary. While the court acknowledges the mother's inconsistent litigation tactics, it concludes that the father wrongfully retained the children in Texas in violation of Canadian custody rights. However, the appellate court vacates a preliminary injunction that attempted to bar Texas judges from hearing the case, citing principles of international comity. A dissenting opinion argues that the mother's deceptive conduct should have triggered judicial estoppel to prevent her from shifting the legal venue to Canada.