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211289P.pdf   12/06/2022  Vladyslav Dubikovskyy  v.  Elena Goun
   U.S. Court of Appeals Case No:  21-1289
   U.S. District Court for the Western District of Missouri - Jefferson City   
[PUBLISHED] [Kelly, Author, with Colloton and Kobes, Circuit Judges] Civil case - Hague Convention. Defendant wrongfully removed the child from Switzerland, and the father petitioned for the child's return. The district court erred in denying the petition based on the "mature child defense" under Article 13 of the Hague Convention, which provides that a forum may refuse to order the return of a child if the child objects and has attained an age and degree of maturity at which is appropriate to take his or her views into account; the child expressed a preference to stay in Missouri with the mother but did not object to returning to Switzerland, and the district court erred in finding that the child's statements constituted an objection for the purposes of applying the defense; petition for return of the child to Switzerland is granted.