your honour's my goal is simple today i want to be sure that you understand so many of the statements and this records final order were created as a result of excluding she information in the record misleading evidence returns mexico so we can continue because the process currently under way at this point i'd like to address as the court of the have any questions for me too far i just hope you understand that have we don't you know find the facts all over again our review is whether or not a district judge made a clear error and that the fairly high standard  position would be supported by evidence in the record and no if it again you're asking her to make an original finding other two possibilities and the trial judge chose the other path your honor i understand that and i believe overturn that sort of finding if there's clear error normally we need credibility determinations to the judge so you agree that your wife said it wasn't t i do agree that she said that your honor but no one else testified to that so that that timeframe three to five years but she did she did your art but it is it's my opinion that her testimony was not credible up to the trial judge who said to the hearing and look at the witnesses and heard their testimony to make credibility determinations now if he said i find mr far less credible than m is far because kendrick because it wears glasses we might say that that's an irrational finding and we can't we can't uphold that but he seems to say i found her credible because i thought this was are true whether there were any marks where the attorney general did an investigation on the children this is kindred said they did do a physical exam of the children but i don't have that report you're with me today and it she also said that they in number twenty five of the judge's order this is factually incorrect based on exhibit number eight which is a letter from the mexican immigration off along with the children's pieces as well were a state of process is a court have any questions about this i want to understand your position that the judge said you entered on temporary visas that you don't dispute that or you want to save some time for rebuttal i told you i remind you when you got close that time you don't need to stop now if you don't want to but your choice is really to any other specific addressed the question is what should we do should we send it back though you know he could look at to have been in light of when asking or is a record sufficient to you know decide the merits now my question i totally understand your question is an excellent question your are you're asking whether there are cases that should be remitted in order to determine the facts in light of the requested to remain they also said neither side requested every man but if they also said it was unnecessary had they asked for the remaining because the district court in that particular case made all the findings with regard to the totality of circumstances and therefore the record was in the question as the question and you hit the nail on the head and the answer is clear he made all of the findings that are necessary and i need to belabor the court by going through them again he went through all or his fact finding exercise ball for those that considered not only with regard to their own ages and what they get their intentions of their parents when it comes to the decision is where they're living and what is there is resident the court made a statement because children especially those too young or otherwise unable to a depend on their parents as caregivers intentions and circumstances of caregiving parents are relevant considerations and i would remind this court that these children were only six months old when they left the united states of course they were born here u s citizens and then they went to mexico and they only stayed there for less than three just under three years and came back in august two thousand and eighteen the move was in august of two she's in the movies back here in august of two thousand so they were only there for a short amount of time when you consider the fact that they were infants and or auditors at the time that they were in mexico so when we consider the factors for which residence you have to you have to take it into consideration as well as all of the decisions months afterwards she started questioning returning to the united states reason for that questioning of her because mr far did not meet the requirements for the financial considerations that led to the decision to move to mexico and they were already having financial difficulty that initially was lost within two years and he did not stay with that particular employer so the very reasons for which miss hendrick felt that there needed to be a temporary move and not a permanent one were fulfilled in the actual that they were not renewed and that is a correct quotes between mexico and colorado he also just before trial he had an employment agreement in this particular case and identify his quote permanent residence as being in colorado and the judge had those factors to rely on so it again falls on the issue of how much weight did the trout or get with regard to that information and he concluded that he was also showing those factors in colorado as much as he was national in fact there is not a document in this case your honor that i can recall let me talk about brave risk for just a minute i want to make sure and cover that the time that we have available i would like before to keep in mind the fact that when we're talking about grave risk you have to look at whose eyes you are looking through with regard to the evidence in the case we're in american court this was in federal district court in arizona and therefore the judge has the right to look at for great risk whether or not the children been harmed based upon what he saw and i would point out to th judy in the context of what happens between different jurisdictions in different countries where you're dealing with a grave risk analysis you have to talk about what is the fact finder here this case had to be filed in arizona because that's where the children were living and that's the reason why lanza looked grave risk factors in the manner in which you get historically you could argue that there are times when corporal punishment maybe maybe fight in the old days if you go back as far as i do to go back to the would spank the children in gym class when they disobeyed was acceptable over the years the last fifty to sixty years the united states has changed its opinion with regard to not only how sure are treated but how women are treated the hashtag need to move  has been an extreme example of how police brutality is treated inst potential victims and we also have had that examined in the last two or three months a very very extreme level in the united states so when just lan discretion was clear i'm going to give the reasons why i told just lands that this was not garden variety or an event with some courts unfortunately in my opinion at accept it in the united states was still a problem how do we review assuming we get to that issue that answer your question iran or do i need to elaborate does fine thank you ok so with regard to the factors in this particular case i'm not sure or maybe lane's not getting to the grave risk but i do want to mention that the young ages the court that process mr evers trying to make me look like i'm some crazy person and that's not the case i choose to discipline i shield it and i spank them in a loving way use a reconciliation process that the family member taught me about  eight years ago and i've been spending my young and gifts as he was three years all this into those twelve and so there's this conflict in our family where the family doesn't like the spanking even though we were spent as a kids as kids and my parents didn't wait where when they were they were angry and frustrated i suspect my kids in a very loving the local way were they know the exact amount of discipline that they're going to get for whatever it is they give fraction it that it and i do it as a way to help teach them to learn to be better people and they do it in a loving way with reconciliation with not an angry frustrated way i didn't it your honor that i delete one or two times mark my youngest daughter emmy and i felt horrible a these i think if there was violence going on and why didn't somebody report this years ago why did somebody say something why was it only when it was time to leave mexico you know all the sudden they're filing accusations against why did my father who less either my colleagues wishes or take a break i don't see their either so to guess they will move on to the next