district court's decision denying the mothers petition for the overturn of the child that was about to columbia hague convention is based on the principle that the child's best interests served well when decisions regarding custody are meet in the country if the child's have victual residence now colombia is a signatory to the hague convention while sometimes colombia may be subject to some negative stereotypes there are many beautiful things about colombia and one of those things in this case is that colombia is the home of the child's mother the father is not alleged any craves risk of harm for returning the child to colombia now all things being equal we need inclined to to prefer that a child be raised in the united states that maybe preferable but all things are not equal in this case associated on the legal conclusion that it was about civic to all residents as of december two thousand and eleven could be deemed the united states district court however did not for determine whether it was the best of visual residence had become columbia during the two and a half years that it was about lived in columbia before the lower court could determine  will residence that the party's had originally established in the united states had never been abandoned i mean it's undisputed that there was a habitual residence in the united states but parties matched the parties married judge all right and i don't see anything in the record open to enlightenment that indicates to me that that habitual residence was was ever abandoned i understand the mother went to columbia but she went the resonance in the united states correct judge i would agree with that at that point when she went to come out and when do you see that habitual residence was a b m during the two and a half years that mother and the child resided in colombia day after day the child woke up in colombia the child began to attend school in colombia the child was living with her grandmother and her stepsister in colombia also so that sounds to me like an argument  residence can be of be in than purely by a climate ization even the settled purpose of the parents of a very young child hasn't been altered well just what happened here at home with the parents any time agreed that that the families permanent place of residence or place of beach will residence would be colombia just what i'm struggling with the notion oh you've agreed that there was a visual resistance in the united states and i'm struggling with the notion of when and hound that would be true residence design or got gene because i don't see in the record any evidence that the that what was originally intended to be a temporary stay may evolve into something more maybe fall into a betrayal of residents through here what we have is we have every day for two what a half years father and mother expressly or implicit merely had hopes and aspirations that mother might be able to come back to the united states with elizabeth i would submit that the district court confused what intentions described as intentions what were really just hopes dreams and aspirations that the mother was not of yes or i would just he or you have a different situation right because the district judge found no abandonment in the district  made a finding bad that the parties did not intend to abandon the united states and how do we view that you need to look at that judge with respect to the point in time  around the world who got sent bring that children to the united states and they have hopes and dreams to have that children comes of this great country but that cannot possibly mean that their children can be abducted to the united states without a rabbit no no but that that completely overlooks the single most significant fact in this case which is that these parents had a sample official who bit to all residents in the united states and and now has to be was occurring but to what i have here is the child with living in colombia started school in colombia was involved in a church in colombia and the father did absolutely nothing and that's that's an argument not a climate is a sure you can overcome is just dead against you but i got one more point on this drug the only thing that suddenly changed after two and a half years was that father perpetrated a fried against the mother he engaged colombia amount of two months then the father began to ask for the return of the child fischer said oh that would be a different scenario but what we have here is two and a half years day after day the that the child's official residence is here and that the mother herself remember only went back to colombia after a police stop and the police stopped caused agitation understandably in the family and the sh plan was for the mother to go back temporarily until she normalized her immigration arrangements the child went back with her temporarily and then the mother put the child and the father back on the i believe it's paragraph twenty seven on page sixty three i believe is your orders there's a clear unequivocal finding by the district court that there was never a plan for the child to remain and all i would like to see of that is that again daryn says very clearly that you only look to the evidence of a claim of ties ation that in the event that there are contrary parental father's frock the probate court denied the motion to vacate but but but but there is no currently pending probate court proceeding further being probate court proceedings were not with respect to any climate custody arrangements in the probate court proceedings we merely saat that the court would enter temporary orders pending the resolution of the hague convention proceedings so there's