Quimbee logo
DMCA.com Protection Status

Van de Sande v. Van de Sande

431 F.3d 567 (7th Cir. 2005)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Van de Sande v. Van de Sande

United States Court of Appeals for the Seventh Circuit

431 F.3d 567 (7th Cir. 2005)

Facts

Davy Van de Sande (plaintiff), a native of Belgium, and Jennifer Van de Sande (defendant), an American, married and had two children. They lived in Belgium. In 2004, when the couple’s oldest child was four, they visited Jennifer’s family in the United States. Jennifer told Davy at that time that she and the children would not return to Belgium with him. Davy went back to Belgium and obtained an ex parte order awarding him custody of the children. He then filed an action against Jennifer in a United States district court pursuant to the International Child Abduction Remedies Act (ICARA). ICARA, which implemented the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), empowered a person whose child had been abducted to the United States to file a federal court petition for a “remedy of return.” The Hague Convention allowed the abductor to keep the child in the United States, however, upon a clear and convincing showing of a “grave risk” that the child’s return would expose him or her “to physical or psychological harm or otherwise place the child in an intolerable situation.” Jennifer offered affidavits by herself, family members, and a friend that attested to Davy’s abuse. He had physically and verbally abused Jennifer for years, including in the presence of their children. He had also physically abused their older child. In addition, Davy had threatened to kill them all. The district judge granted summary judgment to Davy, principally on the ground that the children could be protected in Belgium. Jennifer appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 606,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 606,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 606,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership