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Conflicts Keyed to Currie
Van De Sande v. Van De Sande
Facts
Davy Van De Sande (Plaintiff) and his mother abused his wife and daughter verbally and physically while they resided in Belgium. They went to visit Jennifer Van De Sande’s (Defendant) family in the United States and she chose to not return to Belgium and instead keep her children in the United States. Plaintiff threatened to kill her, the children, and her entire family. Defendant’s father called the police and had Plaintiff removed from the house. Plaintiff returned to Belgium and petitioned a Belgium court for the return of his children, according to the Hague Convention’s provisions against child abductions. Meanwhile, Defendant petitioned a U.S. federal court to excuse return, on grounds that returning would place the children at grave risk of physical or psychological harm. The district court granted summary judgment for Plaintiff, on the ground that there was no indication that the Belgian legal system could not or would not protect the children.
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