Legal Case
Holder v. Holder, 392 F.3d 1009 (9th Cir 2004)
Appeal dismissed and return application dismissed; the retention was not wrongful as the children never acquired a habitual residence in Germany.
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Legal Case
Ruiz v. Tenorio, 392 F.3d 1247 (11th Cir. 2004)
Appeal dismissed and application dismissed; the Convention was not applicable as the children had never lost their habitual residence in the United States during their
Legal Case
Escaf v. Rodriquez, 200 F. Supp. 2d 603 (E.D. Va. 2002)
Return ordered; the retention was wrongful and none of the exceptions had been proved to the standard required under the Convention.
Legal Case
Silverman v. Silverman, 338 F.3d 886 (8th Cir. 2003)
Appeal allowed and return ordered; the children were habitually resident in Israel at the time of the retention and Article 13(1)(b) had not been proved
Legal Case
Miller v. Miller, 240 F.3d 392 (4th Cir. 2001)
Appeal dismissed and return ordered; the removal was wrongful and the level of risk required under Article 13(1)(b) had not been proved.
Legal Case
Norden-Powers and Beveridge v. Beveridge, 125 F.Supp.2d 634 (E.D.N.Y.2000)
Return ordered; the removal was wrongful having been in breach of actually exercised rights of custody and none of the exceptions had been proved to
Legal Case
Silverman v. Silverman, 267 F.3d 788 (8th Cir. 2001)
Appeal allowed; case remitted to the District Court (federal jurisdiction) for a ruling to be made on the merits of the return application.
Legal Case
Toren v. Toren, 191 F.3d 23 (1st Cir. 1999)
Non return order confirmed, but on the basis that the return application be dismissed, no retention having taken place.
Legal Case
Delvoye v. Lee, 329 F.3d 330 (3rd Cir. 2003)
Appeal dismissed and application dismissed; the retention was not wrongful as the child had never acquired a habitual residence in Belgium.
Legal Case
Blondin v. Dubois, 189 F.3d 240 (2d Cir. 1999)
Appeal allowed and case remitted to the District Court to consider remedies that might allow both the return of the children to their habitual residence