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Cases cited for the legal proposition you have searched for.

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..."undertakings" designed to ameliorate the risk of harm to them upon their return to Mexico. Although we agree with much of the district court's legal analysis of the Hague Convention, its ordered...undertakings are problematic on the facts of this case, particularly its command that Mrs. Simcox herself return to Mexico. We therefore REVERSE and REMAND to allow the court to reconsider what conditions...determination of custody by the Mexican courts." Id. at 957. The court did, however, condition the return on several "undertakings": [D]ue to this...

...again the notices once returned, or file new undertakings and serve notice thereof within ten days. Motion...the order denying plaintiff's motions to compel acceptance of the undertakings as security for costs should be reversed and the motions granted. In view of the time that had elapsed since the...undertakings had been executed and an attempt made to serve notice thereof on defendant's attorney and the fact that there was objection to their form and sufficiency, we gave leave to plaintiff, if he...

...whether sexual abuse had occurred and, if so, what steps are necessary to protect the children. The court held that numerous "undertakings," with what the court assumed would be parallel enforcement by the...possibility of using undertakings in the event of a return order. Along with her motion, McLarey submitted expert affidavits from two medical doctors indicating that the children's willingness and...for investigating sexual abuse allegations. Prior to trial, Danaipour submitted proposed "undertakings" to which he would agree if the court ordered the children returned...

...to consider whether sufficient safeguards (known as undertakings) could permit the child to safely return to his home country. Finding no error in the denial of Baran's petition, we affirm...safeguard Samuel upon his return; and (3) failing to order return conditioned upon undertakings that would ameliorate any risk of serious harm to Samuel during the pendency of Australian custody.... B. Undertakings As we discuss below, o...

... Rell Realty Corporation, the owner of certain real estate, and filed notices of liens against the premises, for the satisfaction of their claims. Undertakings, conditioned upon...Capital City Surety Company, under the terms of its undertakings, was liable for the payment to the lienors of the amount of their claims. Judgment in favor of such lienors for the amounts due upon...their liens has been affirmed. The undertakings were subscribed as follows: "Capital City Surety Company, by Ira E. May, Attorney-in-fact, Florence L. Lawley, Attest." Opposite the...

.... The district court rejected both of Jacqueline's contentions and granted John's petition, provided he agreed to certain important undertakings pertaining to the safe return of the children...number of undertakings. See Walsh I, 31 F. Supp.2d at 208. On January 12, 1999, while preparations were being made...] pending disposition" of the custody proceedings in Ireland, the district court commendably "requested and received" a number of undertakings from John and Jacqueline: John is to...

...authorized by its organic statute to promulgate regulations ensuring that federally funded or federally licensed undertakings incorporate historic preservation values at the planning stage. Responding to...requirement that the Council regulate only " federally funded or federally licensed undertakings," Sheridan Kalorama Historical...statutory "undertakings" or (2) only "undertakings" that are "Federal or federally assisted" or licensed by a "Federal department or independent agency." Before 1992, this was a distinction without a...

.... Appellants contend that the Tax Court erred in finding (1) that their horse farm and automobile dealership undertakings were not a single activity, and (2) that the horse farm unde...the taxpayer of several undertakings either as a single activity or as separate activities." Such deference to the taxpayer will not be given, however, "when it appears that his characterization is...artificial and cannot be reasonably supported under the facts and circumstances of the case." Id. The regulation provides several factors to be considered in determining whether two undertakings...

...return contingent upon "undertakings" from the petitioning parent. Thomson v. Thomson, 119 D.L.R.4th 253 (Can.Sup. 1994). The district court, on its own initiative, heard testimony about the...undertakings Mr. Feder was willing to make in the event that Evan returned to Australia and was not accompanied by Mrs. Feder. Given its denial of Mr. Feder's petition, however, the court did not assess the...need for or the adequacy of those undertakings. If on remand the court decides that Evan's return is in order, but determines that Mrs. Feder has shown that an unqualified return order would be...

..., and it is directed that the individual undertakings, posted by these defendants to discharge mechanic's liens, are discharged, without costs. ¶ Defendants Anderson, Nash and...performance. In response, plaintiff filed a notice of mechanic's lien against each defendant. Subsequently, the defendants discharged these liens by posting undertakings. In October, 1981 plaintiffs started an..." ( Richards Conditioning Corp. v Oleet, 21 N.Y.2d 895, 896-897; material in brackets added). Considering that these contracts are void, we direct that the undertakings be disc...

...specifically in paragraph five of Joyce's "First Amended Objections to Dischargeability of Debt." Designated Record at 19. In short, undertakings by one spouse to pay the other's debts...

... 2. Absent Undertakings — Appellate Court — Lack of Jurisdiction. An appellate court, absent undertakings required in forcible entry and detainer.... Undertakings — Appeal — Statute — Appeal Bond — Substitution — Prohibited. In forcible entry and detainer action, county court had no authority to substitute appeal bond for statutorily...required undertakings for appeal; hence, filing of bond could not serve to perfect the appeal; accordingly, respondent district court erred in denying petitioner's motion to dismiss appeal for failure to...

...a finding that he was injured while "actually engaged . . . in the business affairs or undertakings of his employer" within the provision of G.L. (Ter. Ed.) c. 152, § 26, as appearing in St. 1943, c...authorization, in the business affairs or undertakings of his employer, . . . he shall be paid compensation . . ., as hereinafter provided. . . ." This statute affords to the injured employee two...engaged . . . in the business affairs or undertakings of his employer" have been satisfied. The only "affairs or undertakings" in which the employee was "actually engaged" when injured were the trip...

..."hold the [Petitioner Dominik Kufner] in contempt of Court for violating the Opinion and Order of March 25, 2007 'undertakings.'" (Id. at 24, 26.) On January 31, 2007, Mr...residence by Ms. Kufner and ordered their return to Germany. (Opinion and Order ("Opinion") 49, March 28, 2007, ECF No. 69.) The Court's Order was also subject to three "Undertakings" intended to protect...43-50); see also Walsh v. Walsh, 221 F.3d 204, 219 (1st Cir. 2000) (The consideration of undertakings "allows courts to conduct...

...UNDERTAKINGS; WHETHER THE UNDERTAKINGS ARE PART OF A COMMON PLAN OF CONSTRUCTION OR RENOVATION; THE DEGREE TO WHICH THE PROJECTS ARE INTEGRATED OR INTERDEPENDENT; THE TYPE OF CONSTRUCTION NECESSARY; WHETHER..., OR MORE THAN ONE, INDIVIDUAL PROJECT. HOWEVER, THE MERE FACT THAT TWO UNDERTAKINGS — WHICH WOULD OTHERWISE BE CONSIDERED TO BE SEPARATE PROJECTS — ARE FINANCED WITH FUNDS FROM A...SINGLE BOND ISSUE DOES NOT I SO FACTO MAKE THE UNDERTAKINGS A SINGLE PROJECT. SUPPORT FOR THIS CONCLUSION IS FOUND IN THE BOND ISSUE PROCEEDS ACT, 62 O.S. 571 (1991) ET SEQ...

... the discretion of the court, such omission may be supplied, even to the extent of giving new and proper separate undertakings in place of the one already filed. I think that the ac...days, two separate undertakings, one running to the defendant Allison and the other to the defendant Ziegler, and each complying with section 835 of the Civil Practice Act, and further upon the plaintiff...

...exchange for the undertakings made by the government in the written plea agreement; (b) the Court adjudicate Defendant guilty of the charges set forth in the lesser included offense in Count One of the...: (1) Defendant's plea of guilty to the lesser included offense in Count One of the Indictment, in exchange for the undertakings made by the government in the written plea agreement, is ACCEPTED...

...two undertakings according to the terms thereof, and the amount was fixed by their verdict in the sum of $3,418.18. A judgment in that sum was thereupon entered by the court against the petitioners..., who were respectively the principal and surety in the undertakings. The petitioners objected and excepted to the judgment, claiming that the jurisdiction of the municipal court was expressly limited...validity of the present judgment upon the undertakings, therefore, has never been reviewed by this court. The petitioners are now threatened with execution of the judgment, and file their present...

...filed a Report and Recommendation recommending (a) the Court accept Defendant's plea of guilty to Count One of the Indictment in exchange for the undertakings made by the government in the written...28 U.S.C. § 636(b)(1) and ORDERS as follows: (1) Defendant's plea of guilty to Count One of the Indictment, in exchange for the undertakings made by the government...

...undertakings given by the plaintiff provided for the payment to the defendant of such damages as he might sustain by reason of the injunction, if the court should finally decide that the plaintiff was not.... The defendant is secured by the undertakings given before the injunction, and usually can suffer no loss by waiting until the decision of the case, before proceeding to assess his damages...

...or using violence against his wife or "watch[ing] or beset[ting]" her residence. Id. at 210. The district court had ordered the children returned to Ireland with specific "undertakings" agreed...."); Walsh, 221 F.3d at 219 ("A potential grave risk of harm can, at times, be mitigated sufficiently by the acceptance of undertakings...and sufficient guarantees of performance of those undertakings."); Turner v. Frowein, 752 A.2d 955, 974 (Conn. 2000) (although court...

...returned to Ireland with specific "undertakings" agreed to by the father. See Walsh v. Walsh, 31 F. Supp.2d 200, 207 (D. Mass. 1998). The...sufficiently by the acceptance of undertakings and sufficient guarantees of performance of those undertakings."); Turner v. Frowein, 752 A.2d...

...spousal abuse and general pattern of violence to be relevant to grave-risk inquiry because of potential that abuser will also abuse the child). 3. Undertakings... under submission, petitioner's counsel requested "one more bite at the apple" by mentioning, for the first time, the concept of "undertakings." Specifically, petitioner's...adjourned the hearing with the caveat that petitioner's "undertakings" request would be reserved for further discussion if necessary...

...“undertakings,” return of the child to Italy unaccompanied by his mother would pose a grave risk to his psychological health. The father's petition for return was denied after he failed fully to satisfy each...condition. We conclude the evidentiary record is sufficient to support the trial court's factual findings as to the existence of a grave psychological risk. But the undertakings...its recurrence, and whether there are any enforceable undertakings that would sufficiently ameliorate the risk of harm to the child caused by its return.” ( Ibid.) The Simcox court...

...satisfaction of certain conditions or “undertakings,” return of the child to Italy unaccompanied by his mother would pose a grave risk to his psychological health. The father's petition for return was denied...psychological risk. But the undertakings imposed by the court in an effort to ameliorate that risk to the child upon return are problematic. They impermissibly hinge on the abducting parent's cooperation...consideration of several factors, including the nature and frequency of the abuse, the likelihood of its recurrence, and whether there are any enforceable undertakings that would sufficiently ameliorate the...

...Hague Convention and the Insufficiency of the Undertakings Remedy," 18 Berkeley Women's L.J. 181, 187 (2003). The present case approximates the "typical pattern" in which the...contingent upon `undertakings' from the petitioning parent." Feder v. Evans-Feder, 63 F.3d 217, 226 (3d Cir. 1995); see also..., 248-49 (2d Cir. 1999). But "undertakings," as an alternative to refusing to return the child, will not always do the trick...

...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..., and whether there are any enforceable undertakings that would sufficiently ameliorate the risk of harm to the child caused by its return." Id. at 607-09. In Simcox...

...in front of children and undertakings would be insufficient because petitioner had a history of disobeying court orders); Rodriguez v...suggested several undertakings that could help ensure the child's safe transition to the United Kingdom. Petitioner is not suggesting that either the Respondent or the child would live with him in London...

..., “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...nature and frequency of the abuse, the likelihood of its recurrence, and whether there are any enforceable undertakings that would sufficiently ameliorate the risk of harm to the child caused by its...

...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...abuse, the likelihood of its recurrence, and whether there are any enforceable undertakings that would sufficiently ameliorate the risk of harm to the child caused by its return.” Id. at 607–09...

..., the petition is ALLOWED subject to certain undertakings. The Court appointed counsel.... Courts considering petitions for return under the Convention have the authority to impose conditions, known as undertakings, to ensure that a potential harm "does not manifest" when a child...the child, "the court should investigate the adequacy of undertakings . . . to ensure that [the child] does not suffer shortterm harm"). Undertakings are "a type of safeguard...

...scheduled a bench trial on the Petition to start on April 20, 2015. Following the bench trial, the Court ordered the parties to submit any proposed undertakings, accompanied by any relevant evidentiary...harm or otherwise place them in an intolerable situation. B. Undertakings Where there is a finding of grave risk, courts are “not bound to order the return.... Simcox, 511 F.3d at 605, To mitigate the risk, courts may impose a set of enforceable conditions on the return, known as “undertakings...

...-traumatize them." Roxanne Hoegger, 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, 188 (2003...

...account Petitioner has been the main bread winner for the family. The parties have not requested a hearing, in the event the petition was granted, and have not submitted any proposed "undertakings" to...

...that returning the children might be appropriate if sufficient "undertakings" could be made to provide for their safe return. Simcox, 511 F...to deny return, or to grant return subject to undertakings that would substantially lessen the risk. See Simcox v. Simcox, 511 F.3d...Violence Cases Under the Hague Convention and the Insufficiency of the Undertakings Remedy," 18 Berkeley Women's L.J. 181, 187-88 (2003); Merle H. Weiner, "International Child Abduction and the...

...finds that returning W.M.L.G. to Guatemala would create a grave risk of harm to the child and place him in an intolerable situation. B. Undertakings..., known as "undertakings." "The undertakings approach allows courts to conduct an evaluation of the placement options and legal safeguards in the country of habitual residence to preserve the child's safety...physical boundaries of their jurisdiction." Walsh, 221 F.3d at 219. Undertakings may "accommodate [both] the interest in the child's...

...influence over the child."). 3. Undertakings A determination that a respondent has not proved an Article... the Hague Convention and the Insufficiency of the Undertakings Remedy, 18 Berkeley Women's L.J. 181, 187 (2003). Undertakings, which are "based neither in the Convent...potential risk of harm does not materialize. The consideration of undertakings "allows courts to conduct an evaluation of the placement options...

..., however, that there were reasonable undertakings by the husband which would protect her and the child." Pantazatou v. Pantazatos, No. FA 96713571, 1997 WL 614572, *1 (Conn.Super.Ct...court's order was contingent upon undertakings that required the father to drop the criminal charges and refrain from pursuing contempt actions that could result in the separation of the mother from...The court stated that its order was not effective until the petitioner proved that the Greek court entered an order substantiating the undertakings. Id at *4. See also Pacicca v. Pacicca...

...situation. B. Undertakings Where there is a finding of grave risk, courts are "not bound to order the return of the child." Hague Convention art. 13(b...impose a set of enforceable conditions on the return, known as "undertakings." "The undertakings approach allows courts to conduct an evaluation of the placement options and legal safeguards in the...." Walsh, 221 F.3d at 219. Undertakings may "accommodate [both] the interest in the child's welfare [and] the interests of the country...

..., 286 F.3d at 21 (discussing how conditions or "undertakings," a judicial construct developed by British courts, may be imposed by a court to allow a child to be returned while mitigating the...

...services should she choose to seek modification of the order. See id. at 289. Blondin himself offered to make several undertakings in order to mitigate the risks associated...enforce these undertakings by Blondin provided they are "not contrary to the public policy of France." Id. (internal quotation marks omitted). In addition, the Office of the Prosecutor in Bobigny...courts use the term "undertaking" to refer to a promise by the petitioning parent "to alleviate specific dangers that might otherwise justify denial of the return petition. Typical undertakings concern...

...enforce certain undertakings that Blondin might give, provided that they did not run "contrary to the public policy of France." ( Id. at 18-19). For example, a French judge would likely enforce an...Undertaking). Chauveau asserted that these undertakings would likely be enforced as well, for "when there is an agreement between parents that is coherent with the best interests of the child, the judge is...

... frequency of the abuse, the likelihood of its recurrence, and whether there are any enforceable undertakings that would sufficiently ameliorate the risk of harm to the child caused by ...

...“undertakings.” 1. Grave Risk of Harm to M.A.A. and E.T.A. The district court found that Ricardo's violent temper and inability to cope with the prospect...there was no evidence that father had ever harmed child). 2. Undertakings Once a district court concludes that returning a child to his or her...order the return of the child” if the exception applies). Ricardo argues that the district court abused this discretion when it declined to return the children to Peru because “undertakings,” or...

...undertakings and sufficient guarantees of performance of those undertakings”). In sum, the court finds that Respondent has failed to meet her burden to establish by clear and...

...purposes of the [Hague] Convention with the safety of the children by fashioning undertakings that attempted to protect the children from their father during the pendency of custody proceedings [in...conclusion the children must be returned to Mexico (i.e., based on the children's views as discussed below), the court should craft conditions and undertakings that do not require Mother's...undertakings that would protect the children from emotional harm by Father on their immediate return to Mexico, it may be necessary that it deny Father's petition. (Cf. Simcox, at pp. 610-611...

...ordered returned, her counsel has requested the imposition of undertakings in case she changes her mind. The Court will impose the conditions set forth below. Accordingly, it is...

...court has the inherent judicial authority to fashion "undertakings" into its Orders under the Convention. See Danaipouri v. McLarey...

.... C. UNDERTAKINGS Article 18 of the Convention reserves to the Court the discretionary power to order return of the child at any time, notwithstanding the...., concurring). In determining whether to exercise this discretion, courts generally evaluate whether there are arrangements - commonly called "undertakings" - that could be made that would allow the.... -------- The Court finds that these narrowly-focused undertakings do not offend notions of international comity and are appropriate to ameliorate any risk of harm to which the children may be...

...prevent return of the children, but that the concerns may be eliminated or mitigated by means of appropriate undertakings. The court in Panazatou secured the promise of the petitioner father...prevent the return of the child, so long as the representations were honored. See id. at *2-4. In this case, the Court has also secured appropriate undertakings from John, which are discussed below...legitimacy of exacting appropriate undertakings from the parents designed to ensure that the children will be cared for properly during transit and that no harm will come to the children pending...

...undertakings and sufficient guarantees of performance of those undertakings. Necessarily, the "grave risk" exception considers, inter alia, where and how a child is to be returned. The...undertakings approach allows courts to conduct an evaluation of the placement options and legal safeguards in the country of habitual residence to preserve the child's safety while the courts of that country...in other countries, have determined that the reception of undertakings best allows for the achievement of the goals set out in the Convention while, at the same time, protecting the children from...

.... III. Undertakings In light of this Court's determination that petitioner's application should be granted directing that Christina be returned to Hong Kong, the parties...were requested to attempt to agree on appropriate undertakings by petitioner to ensure that Christina does not suffer any short term harm pending disposition of any custody and support dispute in the...); Walsh, 31 F. Supp.2d at 207. Any such undertakings would not affect the Hong Kong courts' ability to enter final orders concerning custody and support arrangements. However,...

...retention, the respondent nevertheless may prevent the return of the child or require certain conditions or “undertakings” on the child's return based on several affirmative defenses. (Convention, arts....3d 567, 571–572 overturning order for return of children where district court's limited inquiry and undertakings ignored father's extensive history of abuse.) For example, return is precluded...

...views on returning to Mexico; and (4) a grave risk of harm exists if the children are returned to Mexico; however, enforceable undertakings exist to sufficiently ameliorate the risk of harm...father in Mexico "is not ameliorated . . . by imposing non statutory, unauthorized and inappropriate undertakings"; (2) the DA "improperly influence[d] rather than [assisted] the court in its decisions...may prevent the return of the child or require certain conditions or 'undertakings' on the child's return based on several affirmative defenses. [Citations.] For example, return is precluded under the...

...the child to Greece, whether she was financially capable of supporting herself and the child in that country, and whether any proposed undertakings would be legally enforceable in that country. Its...

...understands that a finding of grave risk does not mandate keeping the children in Hawaii. The decision is discretionary with this Court. The Court has considered other alternatives or undertakings such..., 286 F.3d 1, 21(1st Cir. 2002) ("Necessarily, the `grave risk' exception considers, inter alia, where and how a child is to be returned. The undertakings approach allows courts to conduct an...party. Perhaps the court would deem one of those undertakings appropriate, or another, or perhaps it would conclude that it would be impossible to return the children to Canada without placing them at...

...returned, her counsel has requested the imposition of undertakings in case she changes her mind. The Court will impose the conditions set forth below. Accordingly, it is now...

...before this Court was limited to "the determination of such conditions and/or undertakings, if any, that the Court may impose to ensure the well-being of the Five Children pending the determination of... this Petition pursuant to the Return Stipulation and the following constitutes the Court's findings and order on the parties' undertakings to be performed in connection with the...children's return to Singapore. Both parties have outlined their proposed undertakings in their pre- and post-hearing memoranda...

...child to Spain, subject to certain undertakings to ensure her safety. Petitioner and respondent moved to Spain in May 2005, two months after the birth of their daughter, D.R., who is...' exception considers, inter alia, where and how a child is to be returned." Id. at 218. The Second Circuit has recognized the availability of undertakings, or promises by the petitioning parent...recognized, even when a grave risk of harm is not present, that undertakings should be used "to ensure that a potential harm does not manifest when a child returns to his or her country of habitual...

...district court conditioned the order of return on certain undertakings. II. Children who are wrongfully removed or.... Undertakings The district court conditioned the order of return on certain undertakings. Tina claims that the ...insufficient to protect her and the sons upon their return to Germany. However, her argument fails because we have reversed a district court's imposition of undertakings as insufficient to protect only when...

...careful consideration of several factors, including the nature and frequency of the abuse, the likelihood of its recurrence, and whether there are any enforceable undertakings that would sufficiently...case to the district court to determine if there were any undertakings that would be sufficient to ensure the safety to the children upon their return to Mexico. Id. at 610...

...Petition should be granted, in part, with certain undertakings. I. BACKGROUND AND PROCEDURAL HISTORY Mr. Wilchynski..., known as undertakings, to ensure that a potential harm `does not manifest' when a child returns to his or her country of habitual residence." Krefter..., 519 F.3d 33, 41 (upholding conditions imposed by district court on child's return)). Other courts have employed undertakings to ensure that an unqualified return order...

...) ("[I]n order to ameliorate any short-term harm to the child, courts in the appropriate circumstances have made return contingent upon `undertakings' from the petitioning parent...appropriate undertakings from the parents designed to ensure that the children will be cared for properly during transit and that no harm will come to the children pending disposition in the country of...

...were from mosquito bites, and that he did not bruise or hurt his son in any way. He also testified that he would be willing to follow any undertakings that the Court should order to ensure litigation...

.... to Singapore within thirty days of the Court's decision. Currently before the Court is Erika's motion to stay the Court's return order pending appeal and for undertakings, (ECF No. 87), and the...parties' joint motion regarding undertakings (ECF No. 99). The Court also requested supplemental briefing on Petitioner's prior request that the Court take judicial notice of a partial transcript from a...Court GRANTS the parties' joint motion regarding undertakings, but DENIES Erika's motion for additional undertakings...

...KW to her habitual residence of Switzerland, subject to undertakings by Mother and a qualified physician to provide a treatment plan for KW consistent with advice and involvement of medical...reasons stated earlier, we vacate the dismissal and remand for hearing on the merits. This means Felder's petition for return with appropriate undertakings must be heard on the merits, as must the defenses...under Article 13(b). This inquiry must include consideration of whether any risk could “be mitigated sufficiently by the acceptance of undertakings and sufficient guarantees of performance of those...

...his habitual residence if certain "undertakings" are guaranteed by the parent. See Simcox, 511 F.3d at 605-06 (citing Feder v...

..., return the child to his habitual residence if certain "undertakings" are guaranteed by the parent. See Simcox, 511 F.3d at 605–06...

... UNDERTAKINGS This matter is before the Court on Petitioner Daniel Carlos Chiramberro Larrategui's ("Petitioner") Petition for Return of Child (Doc. #9...with undertakings. Beginning on December 2, 2013, and through December 5, 2013, the Court held a bench trial and heard testimony from Petitioner; Respondent; Ramon Valezquez.... Undertakings Courts have the authority to impose conditions, known as undertakings, to ensure that a potential harm does not manifest when a child returns to his or her country of...

...actions taken by the Council with respect to undertakings referred to in [section 106] which affect such local governments." 16 U.S.C. § 470s.... B. The Final Rule To achieve its goal of "accommodat[ing] historic preservation concerns with the needs of Federal ...Rule "requires Federal agencies to take into account the effects of their undertakings on historic properties and afford the Council a reasonable opportunity to comment on such undertakings. The...

...peace require the filing of a bond, whereas appeals in forcible entry and detainer actions require the filing of undertakings, the former has to do with liquidated amounts, the latter with...legally ineffectual and practically inadequate in an appeal in a forcible entry and detainer action. 5. Appeal — undertakings — Jurisdiction. Failure to file two undertakings.... 6. Appeal — Possession — Bonds. The two undertakings prescribed by the forcible entry and detainer statute are conditions precedent to an...

.... The Sixth Circuit held return of the children did constitute a grave risk of harm under the Hague Convention and further found this Court's undertakings would not adequately protect the children and...were outside the Court's authority to Order absent finding a grave risk of harm. The Sixth Circuit ordered this Court to "determine what undertakings, if any, will be sufficient to ensure the safety of...the parties to brief the issue of undertakings and has considered those briefs and the evidence presented at the original hearing. Because of restrictions placed on this Court in the Friedrich...

.... at 219. These factors, among others, convinced the Walsh court that there existed a grave risk of physical or psychological harm and that no undertakings could render the risks less than...

...consideration either of undertakings or of steps which might be taken by the courts of the country of habitual residence. The district court handled this difficult matter on remand in.... The district court concluded that psychological harm to C.D. and A.D. would be a necessary consequence of a return to Sweden, regardless of any possible conditions or undertakings impos...proposition that every Article 13(b) analysis requires two such distinct prongs. In fact, Danaipour I specifically identified the limited role undertakings may play in certain situations...

...return, or to grant return subject to undertakings that would substantially lessen the risk. If the court determines that there is not a sufficient showing of a grave risk, the court should order..., 684 Fed.Appx. at 484. If the Court finds such a risk exists, it " ‘has discretion to deny return, or to grant return subject to undertakings that would substantially lessen the risk.’ " Id...sufficient protection was afforded." See Simcox, 511 F.3d at 605. These protections are known as "undertakings...

...be returned to Canada without the implementation of certain safeguards, called undertakings, which are necessary to assure the child's safety.... Subject to the undertakings, the court will CONDITIONALLY GRANT the Verified Petition. I. PROCEDURAL HISTORY On February 5, 2018...otherwise place him in an intolerable situation. See Hague Convention, art. 13(b). IV. UNDERTAKINGS Here, the longstanding involvement...

...). Moreover: A potential grave risk of harm can, at times, be mitigated sufficiently by the acceptance of undertakings and sufficient guarantees of performance...of those undertakings. Necessarily, the "grave risk" exception considers, inter alia, where and how a child is to be returned. The undertakings approach allows courts to conduct an evaluation of the...undertakings best allows for the achievement of the goals set out in the Convention while, at the same time, protecting the children from exposure to grave risk of harm...

...)). The parties here have not argued for “undertakings,” nor has the...district court ordered any such measures. In Walsh, we stated that [a] potential grave risk of harm can, at times, be mitigated sufficiently by the acceptance of undertakings and sufficient...guarantees of performance of those undertakings. Necessarily, the “grave risk” exception considers, inter alia, where and how a child is to be returned. The undertakings approach allows courts to conduct...

...to the level of a " grave risk" or otherwise place the child in an " intolerable situation" under Article 13b. In these cases, undertakings designed to protect the child are...largely irrelevant; since the Article 13b threshold has not been met, the court has no discretion to refuse to order return, with or without undertakings. Second, at the other end of the spectrum, there.... . . . In these cases, undertakings will likely be insufficient to ameliorate the risk of harm, given the difficulty of enforcement and the likelihood that a serially abusive petitioner will not...

...undertakings that would substantially lessen the risk. If the court determines that there is not a sufficient showing of a grave risk, the court should order return. Id. at 484...484. If the Court finds such a risk exists, it "has discretion to deny return, or to grant return subject to undertakings that would substantially lessen the risk.'" Id. (citing..."undertakings," defined as "enforceable conditions of return designed to mitigate the risk of harm occasioned by the child's repatriation." Id. They are usually imposed during "the time period...

...Convention Undertakings and Petitioner's Request for Additional Hague Convention Undertaking, wherein Petitioner states that counsel for Petitioner has prepared a letter declaring his intentions to not...that was sent to the Guardian Ad Litem. The letter states: Pursuant to the Request contained at number 2 in your Request for Hague Convention Undertakings.... Having already ruled on Petitioner's Petition for Return of Children, I do not believe that it is appropriate for me to order any undertakings. However, I strongly encourage Petitioner and his counsel to...

...hesitates in ordering his return back into a volatile and neglectful home life in the custody of Plaintiff. C. Discretionary Use of "Undertakings...use its discretion to find a compromise involving undertakings that would allow J.D. to return to Canada. This is illogical. If Plaintiff has once before fled Canada with J.D. to avoid Canadian child...(1st Cir. 2000) (concluding that a district court should not use its discretion to order undertakings if the petitioner has demonstrated an unwillingness to...

...matter of common knowledge that the business of furnishing surety bonds and undertakings has grown to vast proportions and that they are in use by lawyers and litigants every... day in the courts. It is a business transacted under the Insurance Law of the state and the bonds and undertakings dealt in are essentially a species of policies...v. Sherwood, 76 N.Y. 194, cited in the Cook case, states that the undertakings construed by that decision both provided that liability would accrue only in case "the court should...

...); Roxanne Hoegger, “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, 187–88 (2003); Merle H...Violence Cases, 4 J. Marshall L.J. 39 (2011); Roxanne Hoegger, What if She Leaves? Domestic Violence Cases Under the Hague Convention and the Insufficiency of the Undertakings Remedy, 18...

.... Finally, the Court notes that Petitioner has agreed to comply with any "undertakings," or conditions on the return of the Child, that the Court deems...necessary. (R. 102, Pet'r Mem. at 14-15.) The Seventh Circuit has recognized that courts can consider whether making a return contingent upon "undertakings" from a petitioner "would ameliorate any...short-term harm to the child." Van de Sande, 431 F.3d at 571 (citations omitted). As undertakings, Petitioner has proposed that the Court...

...give security, and served undertakings. These were returned by the opposing attorney, chiefly on the ground that they were served too late. Since then the efforts of plaintiff's...attorney have been mainly directed toward compelling acceptance of these undertakings. He made a motion for that purpose, claiming the stays had extended his time. Defendants' counsel moved before the.... When plaintiff presented his undertakings to the court on the motion, we think their acceptance might well have been ordered and the judgments vacated. Realizing how annoying and perverse the...

...) Serious questions exist about the undertakings specifically, the Court's ability to enforce the undertakings. Respondent contends it meets the irreparable harm.... The undertakings ordered by the Court were based on the representations by Petitioner in open court. Though the Court recognizes...the difficulties of enforcing some of its ordered undertakings, the Court also recognized that Petitioner and Respondent are both United States citizens, subjected themselves to this Court's...

...to obtain undertakings to protect S.C., Respondent is unable to pay for Petitioner's attorney's fees and costs, and Petitioner did not spend his...Petitioner's Petition for Return of Child with narrowly focused undertakings to ensure that S.C. receives the necessary medical treatments and ensures that Respondent is allowed access to and visitation with...S.C. Respondent also claims that Petitioner has failed to comply with the undertakings. However, denying an award to Petitioner because the Court issued undertakings would encourage parties to always...

...undertakings, to ensure that a potential harm does not manifest when a child returns to his or her country of habitual residence." Id. (citing...grave harm defense falls short but that an "unqualified return order would be detrimental" to the child, "the court should investigate the adequacy of undertakings . . . to ensure that [the child] does...Mr. Nixon's proposed undertakings, and will order that Mrs. Nixon will continue to live in the marital residence, and Mr. Nixon will provide Mrs. Nixon with maintenance and support, until such time as...

...from the garage to her home was not a part of the `business affairs or undertakings of her employer.' The fact that she was excused from work for the afternoon was for her convenience and safety, and...

...entry and detainer actions commenced prior to July 1, 1984, the statutory scheme requires the filing of two undertakings. Sections 13-40-117 and 13-40-120, C.R.S...

...important guide in the present action. The two statutes are governed by the same definition of "undertakings" under the NHPA.See 16 U.S.C. § 470w(7). The one notable difference between...the provisions governing federal undertakings conducted domestically and those that are undertaken abroad is that "undertakings" in the domestic context are triggered by the more restrictive event of...restrictive definition of undertakings to apply to federal projects abroad. The standards for identifying "undertakings" under the NHPA have been widely held to be "similar" to those for...

...: "In short, undertakings by one spouse to pay the other's debts, including a debt to a lawyer for fees, can be "support" for bankruptcy purposes...

...general authorization or approval, in the performance of work in connection with the business affairs or undertakings of his employer . . . shall be conclusively presumed to be an employee." That statute...of the statute, engaged, "with his employer's general authorization or approval, in the performance of work in connection with the business affairs or undertakings of his employer," and that he did...undertakings of his employer." G.L. (Ter. Ed.) c. 152, § 26, lines 1-7. In order for an employee to establish a right to compensation he must show that his injury arose from one of those two sources of injury...

...) the father gave undertakings that he would assist the mother and children financially in moving back and would agree not to make contact with them prior to the judicial determination of custodial...

..."). Pub.L. 96 — 515. The amendment added to the NHPA section 402 governing undertakings outside the United States. Section 402, therefore, is the international counterpart to section 106 governing...domestic undertakings. The full text of section 402 is as follows: Prior to the approval of any Federal undertaking outside the United States which may...undertakings were first adopted in 1974, and thus, were in effect at the time Congress passed section 402 governing foreign undertakings. The domestic regulations, however, do not apply directly to section...

.... II. Undertakings Courts in contracting countries have the authority to order the parties to accept "undertakings" to...D.L.R.4th 253 (Can. Sup. 1994)). "Undertakings" are essentially compromises to which the petitioning parent agrees; for example, a petitioning parent might undertake to pay for the return...

...injury did not arise out of and in the course of her employment and would not have warranted a finding that when injured she was "engaged . . . in the business affairs or undertakings of" her employer...authorizes compensation for an injury "arising out of an ordinary risk of the street while actually engaged, with . . . [her] employer's authorization, in the business affairs or undertakings of...the . . . premises" she was nevertheless engaged "in the business affairs or undertakings" of her employer would not have been warranted. It is insignificant therefore that the member failed to make the relevant finding. ...

...third country, and to quit her job and move with JMR to Ireland on or before March 30, 2011. The Irish court incorporated these undertakings into its order. For his part Derek promised not to remove JMR...

...which was profitable in each of the years at issue. Multiple undertakings...of a taxpayer may be treated as one activity if the undertakings are sufficiently interconnected. Sec. 1.183-1(d)(1), Income Tax Regs. The most important factors in making this determination are the...degree of organizational and economic interrelationship of the undertakings, the business purpose served by carrying on the undertakings separately or together, and the similarity of the undertakings...

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