Edelstein v. Nelson — 9th Cir. (Oct 29, 2026)
The Ninth Circuit considers whether an infant should be returned to Argentina under the Hague Convention. The parents had lived in Argentina with the child before travelling together to Nevada. The father says their stay was temporary; the child's mother says they later agreed to remain. After an evidentiary hearing, the district court concluded that the child's habitual residence was in the United States and denied the return request. Habitual residence asks where the child is at home, considering all the circumstances; a parental agreement matters but is not required. This proceeding does not award custody. It concerns whether the child should be returned to another country for custody proceedings. The appeal tests how to distinguish a visit from a change of home, and how much deference to give the trial court's factual findings.
Edelstein v. Nelson (No. 25-3765) — U.S. Court of Appeals for the Ninth Circuit, argued October 29, 2026.
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