Laurie Udell
Steven Nisenbaum, PhD, JD
Re C. (Abduction: Settlement) (No 2) [2005] 1 FLR 938
Return refused; the child was settled in her new environment and the court exercised its discretion not to make a return order.
Re L. (Abduction: Pending Criminal Proceedings) [1999] 1 FLR 433
Removal wrongful and return ordered; none of the exceptions had been proved to the standard required under the Convention.
Re C. (Abduction: Grave Risk of Psychological Harm) [1999] 1 FLR 1145
Appeal allowed, retention wrongful and return ordered; the very high standard required under Article 13(1)(b) had not been met.
Re M. and J. (Abduction) (International Judicial Collaboration) [1999] 3 FCR 721
Voluntary return with undertakings agreed between the parties in the requesting State following direct contact between the English judge seized of the return application and the Californian judges seized of the substantive custody and criminal aspects of the case.
D. Petitioner
Removal wrongful and return ordered; the standard of harm required under Article 13(1)(b) had not been made out.
Re A. and Another (Minors: Abduction) [1991] 2 FLR 241
Appeal dismissed and return ordered; the retention was wrongful and the father had not acquiesced in the children’s retention.
Matznick v. Matznick 1994 GWD 39-2277
Return ordered; in the light of the father’s undertakings the standard required under Article 13(1)(b) to indicate that the children would face a grave risk of physical harm had not been met.
Whitley v. Whitley 1992 GWD 22-1248
Appeal dismissed and return of the children to the United States ordered; the evidence did not support a finding of a grave risk of harm pursuant to Article 13(1)(b).