CASE

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Case Name

Dietschi v. Dietschi, No. 98-2-14797-1 KNT (Wash. Super. Ct. July 29, 1998)

INCADAT reference

HC/E/USs 220

Court

Country

UNITED STATES - STATE JURISDICTION

Name

Superior Court of the State of Washington, King County

Level

First Instance

Judge(s)
Barnett J.

States involved

Requesting State

SWITZERLAND

Requested State

UNITED STATES - STATE JURISDICTION

Decision

Date

29 July 1998

Status

Final

Grounds

Grave Risk - Art. 13(1)(b)

Order

Return refused

HC article(s) Considered

3 13(1)(b)

HC article(s) Relied Upon

13(1)(b)

Other provisions

-

Authorities | Cases referred to

-

SUMMARY

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Facts

The child, a boy, was 2 1/2 the date of the alleged wrongful removal. He had lived in Switzerland all of his life. The parents were married after the birth of the child.

On 8 April 1998 the mother took the child to the United States, her State of origin. The father applied for the return of the child.

Ruling

Return refused; the standard required under Article 13(1)(b) had been met.

Grounds

Grave Risk - Art. 13(1)(b)

The court found that there was a grave risk to the child and that returning him to Switzerland before any orders were issued in the Swiss divorce proceedings would create an intolerable situation. This was based on evidence of threats by the father to the mother's safety and to the safety of the child. Additionally, the court noted that the mother did not have a place to live in Switzerland. The court found it was reasonable for the mother to remain with the child in the United States pending further order by courts in Switzerland.