1.         Jim Martin and Sarah Miles are the parents of Emily, now barely three years old. Her parents have never lived together. Since her birth Emily has lived with her mother. Mr. Martin has never given them financial support.

2.         Emily was born in Atlanta, Georgia. Although Ms. Miles lived in the United States for several years, she has been ordered to be deported. In March, 2004, when Emily was three months old, Ms. Miles moved with her to Kitchener, Ontario, where Ms. Miles’ family lived.

3.         Mr. Martin then brought his application under the Hague Convention. He asked that Emily be returned to Georgia where he will seek joint custody of her.

4.         The Hague Convention aims to prevent international child abduction and ordinarily requires that custody rights be resolved by the courts of the child’s habitual residence. Mr. Martin contended before the trial judge that Georgia was Emily’s habitual residence and that her mother had wrongfully removed her from that jurisdiction.

5.         Williams J., an experienced family law judge, dismissed Mr. Martin’s application. In doing so, he made three critical findings of fact:

(1)        Immediately before Ms. Miles moved with Emily to Ontario, Emily was not habitually resident in Georgia;

(2)        At the time Ms. Miles moved to Ontario, Mr. Martin was not actually exercising custody rights; instead, he was merely exercising visitation rights to Emily; and,

(3)        Mr. Martin later acquiesced to Emily’s removal to Ontario.

6.         To succeed on this appeal, Mr. Martin must show that each of these findings was infected by palpable and overriding error. He cannot do so. Each finding is amply supported by the record. This court should therefore dismiss the appeal.