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AFFAIRE

Texte complet non disponible

Nom de l'affaire

(Deleted) Sharif Salah v. Awes, No. F9001664 (Minn. App. Div. 2001)

Référence INCADAT

HC/E/USs 387

Juridiction

Pays

États-Unis d'Amérique - Niveau étatique

États concernés

État requérant

Canada

État requis

États-Unis d'Amérique - Niveau étatique

Décision

Date

12 June 2001

Statut

Définitif

Motifs

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Décision

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Article(s) de la Convention visé(s)

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Article(s) de la Convention visé(s) par le dispositif

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Autres dispositions

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Jurisprudence | Affaires invoquées

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Publiée dans

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RÉSUMÉ

Résumé disponible en EN

Facts

The child was approximately 3 at the date of the alleged wrongful retention. It was disputed whether the parents were legally married. They stopped cohabiting in 1997. Thereafter the child lived with the mother. In 1999 the mother took the child to the United States. In June 2000 the father applied to the Canadian Central Authority for assistance. The father subsequently filed a return application in a Minnesota district court. That court awarded him immediate custody in preparation for a custody hearing in Canada. Two days later, the mother sought an emergency order re-awarding custody to her alleging that the parties had never married and that the husband had been physically violent to her, had not visited the child in two years and had threatened the mother's life. On 7 November 2000 the district court awarded temporary custody to the mother and scheduled a full custody hearing for 30 November. On 16 November the father applied to dismiss the custody hearing arguing that the district court lacked jurisdiction to address custody issues where a Convention had been made. The district court denied the father's motion. The father appealed.

Ruling

Remanded; the district court failed to explain its application of the Convention and Canadian law. The District Court was ordered to explicitly apply the relevant portions of the Convention and make findings of fact explaining its application.