Baran v. Beaty

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• discussing concept of “undertakings,” or alternative remedies, as a possible means of protecting a child from a “grave risk” when ordering his returned to his country of habitual residence for a custody determination
• affirming district court’s finding that petitioner was “emotionally unstable and prone to uncontrolled destructive outbursts of rage,” was “physically and verbally abusive” toward respondent in his son’s presence, and had “physically endangered” his son
• “[T]he text of the Convention and the commentaries on it place a higher premium on children’s safety than on their return.”
• violence against the mother while pregnant, while the child was being held in her arms, and while the father was intoxicated sufficient to show grave harm
• “Whether a grave risk of harm to a child exists under the terms of the Hague Convention is a mixed question of law and fact[.]”
• “To deny return, the district court was not required to find [the child] had previously been physically or psychologically harmed; it was required to find returning him [] would expose him to a present grave risk.”

Source: CourtListener parenthetical corpus (CC0).