Minkiewitz v. Becker CA2/3

Filed 2/11/21 Minkiewitz v. Becker CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

JOHN MINKIEWITZ, B299073

Plaintiff and Respondent, (Los Angeles County Super. Ct. v. No. 18STHC00011)

TIFFANY BECKER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas Trent Lewis, Judge. Affirmed. Tiffany Becker, in pro. per.; and Channa Weiss for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Tiffany Becker (mother) appeals from a judgment of the Los Angeles County Superior Court granting John Minkiewitz’s (father) petition under the Hague Convention on the Civil Aspects of International Child Abduction, October 25, 1980, T.I.A.S. No. 11670 (Hague Convention), as implemented by the International Child Abduction Remedies Act, title 42 United States Code section 11601 et seq., to return their son, C.M., to Mexico. She contends that the trial court erred in finding Mexico to be C.M.’s country of habitual residence. As the evidence in the record reveals no clear error in the trial court’s factual findings and the trial court correctly applied the Hague Convention to those facts, we affirm the judgment. BACKGROUND

C.M. is the seven-year-old son of mother and father.1 C.M. was born in Santa Monica, California and both parents are United States citizens. The family lived together on their boat, which was docked in Marina del Rey. Mother and father began to equip their boat for a potential trip around the world. Father sold his properties in the United States to fund the repair to and to equip the boat for the trip. In December 2016, the family set sail for Mexico, and, by January 2017, C.M. and his parents had set up residency on their boat while moored to the harbor in Ensenada, Baja California. Once in Ensenada, the parents enrolled C.M. in school, where he made friends and was learning Spanish. Although the family was living on their boat, they drove back and forth between