
Abbott v. Abbott, 542 F.3d 1081 (5th Cir. 2008)
http://www.ca5.uscourts.gov/opinions/pub/07/07-50967-CV0.wpd.pdf
http://www.ca5.uscourts.gov/opinions/pub/07/07-50967-CV0.wpd.pdf
Appeal dismissed and return ordered; the standard required under Articles 13(1)(b) and 12(2) had not been met.
Return refused; the foster parents did not enjoy any rights of custody at the moment of the removal.
http://www.hcch.net/incadat/fullcase/0239.htm
http://www.ca2.uscourts.gov/decisions/isysquery/71f93df7-ea3b-4c38-9c7c-8e1ee722f563/5/doc/06-5614-cv_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/71f93df7-ea3b-4c38-9c7c-8e1ee722f563/5/hilite/
Appeal dismissed and return ordered; the children were habitually resident in Germany at the time of the removal, albeit the primary reasoning of the trial
Constitutional claims dismissed, claims under the Federal Tort Claims Act dismissed, claim of a conspiracy based on racial or other class-based animus dismissed and writ
Application to appeal dismissed and return order upheld. The prior return of the child rendered an appeal moot.
Return ordered; the removal was wrongful, the children being habitually resident in Germany at the time they were taken.
Appeal dismissed and return refused; the trial court had been entitled to find that the standard required for Article 13(1)(b) had been reached.