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PAPAKOSMAS v. PAPAKOSMAS

No. 05-55211.

483 F.3d 617 (2007)

Dimitris PAPAKOSMAS, Plaintiff-Appellant, v. Yvette PAPAKOSMAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2007.

Attorney(s) appearing for the Case

Adair Dyer, Austin, TX, argued the cause and filed a brief for the plaintiff-appellant.

Elizabeth Briceño-Velasco, Arcadia, CA, argued the cause and filed a brief for the defendant-appellee. Vincent W. Davis, Arcadia, CA, was also on the brief.

Before DIARMUID F. O'SCANNLAIN, EDWARD LEAVY, and CONSUELO M. CALLAHAN, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether the children of Dimitris and Yvette Papakosmas were habitual residents of Greece within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction and therefore wrongfully removed from that country to the United States by their mother.

I

A

The following facts emerged during an evidentiary hearing on November 23 and

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