additional briefing on it and then in its opinion it talked about the fatality of the circumstances you know i've seen much of your argument but that really troubled me because it seemed to me that the court did exactly what in terms of paying attention to the supreme court the merits of the thing the supreme court decision put much more weight  step the district court cited a number of facts that suggest that that there was an agreement whether it was unconditional or not is a separate question but that there was an agreement that they were going to try it  living in spain they bought a house she registered the child at the city hall in the town in spain she seemed to she didn't retain any bank accounts in the united states they were looking at schools to enroll the child in and don't almost facts support the district court conclusion that had the choice of residence was intended to be in spain inadequate risk of harm to the child himself and the circumstances struck me as you know fairly similar where there were disputes about exactly what was said and done so wonder is there anything in your mind really were the case visit with the father in a supervised setting and that the mother would have ever already custody of the child during and after the return in this case the district court even though the district that mr prado was abusive and that the child that the court of play too much emphasis on and then argues that it's a critical factor in the court it was not a critical factor in the court decision it was one that numerous factors in the court decision which the district court the result that ms martin was hoping for here so while i understand the requests are certainly a drop the nature of instance relationship to the environment is being perhaps less subjective we have as a result it could be nothing else for such a small child or should be the district court to make such a finding in the case of so small a child i think the answer to both the court doesn't you know the particular actions that herself took their families present question on the question of whether this was an unconditional agreement and in light of all the circumstances  to live together as well as a family perhaps that one theory of pine that would have been a reasonable conclusion to draw but it's not the relevant period of the relevant period upon the date of the child's what about the question of undertakings i mean if they do go to act should something be put into place to make sure that that this is properly litigated  with the circuits that say that we do have jurisdiction then the question is is that statement one that the court may do that even in those circumstances agree that it is a difficult question for young children especially when the child is born in a cloud of conflict several cases talk about that's the th circuit a l c case holder beholder and even in southern district the mob was recently see at the very least i think there needs to be an agreement that there will be temporary custody to the mother that the mother be permitted an immigration status if it so that she can enter the country and litigate or potential undertakings going to be able to which means that the court does not say well there's a grave risk and i find that we're not even going to consider it because there's no great risk fighting which we don't believe should be that for me the distinction is that the court concentrated on this radical idea that the spanish words could address issues of domestic violence in custody where the case was clear that it's not a theoretical question it's an  has a legal system in place to protect children from domestic law the question is are they making efforts to actually protect this child from the effects of the met violence and it's clear when they give custody every custody to an abusive father that they are not actually making efforts to protect this child and that's what the court needs to investigate and that's what the court and i don't like that we don't believe or properly did i think your thank you we will reserve decision will move on to the