Legal Case
M. v. M., 18 August 2000, Jerusalem Family Court
Article 15 declaration refused; the removal was not wrongful as no rights of custody had been breached.
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Legal Case
Abbott v. Abbott, 542 F.3d 1081 (5th Cir. 2008)
http://www.ca5.uscourts.gov/opinions/pub/07/07-50967-CV0.wpd.pdf
Legal Case
In re Coffield, 96 Ohio App. 3d 52, 644 N.E.2d 662 (1994)
Appeal dismissed and return ordered; the standard required under Articles 13(1)(b) and 12(2) had not been met.
Legal Case
Loos v. Manuel, 278 N.J. Super. 607, 651 A.2d 1077 (Ch. Div. 1994)
Return refused; the foster parents did not enjoy any rights of custody at the moment of the removal.
Legal Case
Copeland v. Copeland, 134 F.3d 362 (4th Cir. Feb. 6, 1998)
http://www.hcch.net/incadat/fullcase/0239.htm
Legal Case
Duran v. Beaumont, 534 F.3d 142, (2nd Cir. 2008);
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/
Legal Case
Rodriguez v. Nat’l Ctr. for Missing & Exploited Children, 2005 U.S. Dist. LEXIS 5658 (D.D.C., Mar. 31, 2005)
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
Legal Case
Bekier v. Bekier, 248 F.3d 1051 (11th Cir. 2001)
Application to appeal dismissed and return order upheld. The prior return of the child rendered an appeal moot.
Legal Case
Koch v. Koch, 416 F. Supp. 2d 645, (E.D. Wis., 2006)
Return ordered; the removal was wrongful, the children being habitually resident in Germany at the time they were taken.
Legal Case
Koch v. Koch, 450 F.3d 703 (2006 7th Cir.)
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