Citing the emerging split within the U.S. Court of Appeals on the test for determination of habitual residence, lawyers have filed a petition for certiorari in the Supreme Court in Heydt-Benjamin v. Heydt-Benjamin.  The case was decided by the Second Circuit in an unpublished decision in December 2010 (available at 2010 WL 5294639).  The court  cited its previous ruling in Gitter v. Gitter, 396 F.3d 124 (2d Cir. 2005), and affirmed a ruling that denied return to Switzerland under the Child Abduction Convention after concluding that Switzerland was not the children’s habitual residence.  The Supreme Court docket information is available here; the legal team representing the left-behind parent includes the Stanford Law School Supreme Court Litigation Clinic.