Souratgar v. Fair’s Empirical Analysis
720 F.3d 96 · 2013
Citation profile
8 federal appellate · 2 district · 1 state decisions
Appellate journey
reviewedthe decision below (from New York Southern District Court)
Relationships
Applies 42 U.S.C. § 11601 (International Child Abduction Remedies Act) · 42 U.S.C. § 11603
Relies on Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal. · Abbott v. Abbott · Chafin v. Chafin · Felix Blondin v. Marthe Dubois · Blondin v. Dubois
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ (1) ] it is in breach of rights of custody ... under the law of the State in which the child was habitually resident immediately before the removal ...; 3 and [ (2) ] at the time of removal ... those rights were actually exercised [by the petitioner], ... or would have been so exercised but for the removal....”
1 later decision quote this exact passage · from the majoritye.g. Hollis v. O'Driscoll“The objects of the present Convention are— a) to secure the prompt return of children'wrongfully removed to or retained in any Contracting State; and b) to ensure that the rights of custody and of access under the law of one Contracting State.are effectively respected in the other Contracting States.”
1 later decision quote this exact passage · from the majority“). "Under Article 13(b), a grave risk of harm from repatriation arises ... in cases of serious abuse or neglect, or extraordinary emotional dependence, when the court in the country of habitual residence, for whatever reason , may be incapable or unwilling to give the child adequate protection.”
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.