Van De Sande v. Van De Sande’s Empirical Analysis
Citation profile
1 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 31 later decisions — most recently March 2024 · most notably Koch v. J Koch, Lozano v. Alvarez (2011)
1 federal appellate · 3 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Anderson v. Liberty Lobby, Inc. · Pennsylvania v. Ritchie · Coy v. Iowa · Masson v. New Yorker Magazine, Inc. · United States v. Carroll Towing Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rendering court must satisfy itself that the children will in fact, and not just in legal theory, be protected if returned ....”
2 later decisions quote this exact passage · from the majority“A typical pattern [in ICARA cases] involves a female U.S. national who has married a male foreign national and moved with her spouse to a foreign country. In most Hague eases invoking grave risk on the basis of domestic violence, the abuse begins before the transnational move. Ultimately, the victim flees with her children back to the United States in order to escape the abuse. The batterer, left behind in the country of habitual residence, then files a petition under the Hague Convention re questing return of the children to adjudicate the custody issues. Van De Sande v. Van De Sande, 431 F.3d 567, 568 (7th Cir.2005) (citing Roxanne Hoeg-ger, “What If She Leaves? Domestic Violence Cases Under the Hague Convention and the Insufficiency of the Undertakings Remedy,” 18 Berkeley Women’s L.J. 181, 187 (2003)). “It thus makes sense that ‘the Convention’s purposes [would] not ... be furthered by forcing the return of children who were the direct or indirect victims of domestic violence.’ ” Simcox v. Simcox, 511 F.3d 594, 604-605 (6th Cir.2007) (citing Merle H. Weiner, Navigating the Road Between Uniformity and Progress: The Need for Purposive Analysis of the Hague Convention on the Civil Aspects of International Child Abduction, 33 Co-lum. Human Rights L.Rev. 275, 352-53 (2002)).”
1 later decision quote this exact passage · from the majority“The gravity of a risk involves not only the probability of harm, but also the magnitude of the harm if the probability materializes.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.