{"issue_text":"Whether interim custody should be granted to the applicant pending finalization of divorce proceedings","issue_type":"mixed","dispositive":"yes","related_facts":"Children are settled in Zimbabwe with applicant; divorce proceedings pending in California; respondent voluntarily handed children to applicant"}
{"issue_text":"Whether section 5 of the Guardianship of Minors Act entitles the respondent to custody","issue_type":"law","dispositive":"no","related_facts":"Respondent claims custody as mother; children were not unlawfully taken from her"}
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background
Facts of the Case
Background
The parties, both foreign nationals with permanent residence in Zimbabwe, married in America and lived in Zimbabwe with their three children. During a family visit to America in February 2010, the respondent wrongfully retained the children by hiding their passports, leading to a Hague Court order compelling their return to Zimbabwe. Both parties now seek interim custody pending divorce proceedings in California.
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