On November 21, 2022, the 9th Circuit heard oral arguments on the matter of Radu v. Shon, which involves a father's request to return the parties' two children to Germany using the Hague Abduction Convention. In September 2020, the district court ordered the children returned with an ameliorative … Read More about Case Update (9 Jan 2023): Radu v. Shon; district court clarifies its return order for 9th Circuit
Case Update (21 Nov 2022): Radu v. Shon; arguments before the 9th Circuit Court of Appeals
On November 21, 2022, the Ninth Circuit Court of Appeals conducted oral arguments in the Hague Abduction Convention case of Radu v. Shon. This case is before the Ninth Circuit for the second time. There have been three orders requiring Ms. Shon to return the parties' children, and the key issue … Read More about Case Update (21 Nov 2022): Radu v. Shon; arguments before the 9th Circuit Court of Appeals
Case Update (17 Sept 2022): Rodriguez v. Molina; return ordered despite child having been physically disciplined by Petitioner in past
The child's father, Mr. Molina, removed the minor child from Honduras by walking with the child through Mexico and paying smugglers to transport him and the child across the Mexico-U.S. border. The child's mother, Ms. Rodriguez, filed a request to have the minor child returned to Honduras. The … Read More about Case Update (17 Sept 2022): Rodriguez v. Molina; return ordered despite child having been physically disciplined by Petitioner in past
Case Update (31 Aug 2022): Saada v. Golan Remand; Minor Child Ordered Returned to Italy
As most international family law practitioners now know, the U.S. Supreme Court handed down an opinion on June 15, 2022 in the matter of Golan v. Saada, a Hague Abduction Convention matter that revolved around the grave risk of harm exception to returning children under that treaty. In that Supreme … Read More about Case Update (31 Aug 2022): Saada v. Golan Remand; Minor Child Ordered Returned to Italy
Case Update (19 August 2022): Radu v. Shon; Remand from Supreme Court Still Results in a Return Order
In September 2020, the U.S. District Court for the District of Arizona first ordered Ms. Shon to return the parties' two children to Germany under the Hague Abduction Convention. In its return order, it required Ms. Shon to also return, deeming this necessary to ameliorate the grave risk of … Read More about Case Update (19 August 2022): Radu v. Shon; Remand from Supreme Court Still Results in a Return Order
Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children
This summary is a little longer because it is the first case where I have seen Golan v. Saada cited and applied in a Hague Abduction Convention case since the Supreme Court opinion on June 15, 2022. As a quick note, Petitioner put forth evidence of ameliorative measures, the court did consider … Read More about Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children
Case Update (22 June 2022): De Souza Aredes v. Pereira Aredes; no clear and convincing evidence of grave risk; ameliorative measures in place
On June 22, 2022, the U.S. District Court for the D. of Mass. ordered a minor child, MPA, returned to her habitual residence of Brazil under the Hague Abduction Convention. MPA is the biological daughter of parents that had separated in November 2021, but remained legally married. Both parents … Read More about Case Update (22 June 2022): De Souza Aredes v. Pereira Aredes; no clear and convincing evidence of grave risk; ameliorative measures in place
Case Update (15 June 2022): Golan v. Saada; A Judge’s consideration of ameliorative measures is discretionary
The U.S. Supreme Court issued its unanimous opinion in Golan v. Saada, vacating the Second Circuit and remanding for further proceedings. The Court held that, "The Second Circuit’s categorical requirement to consider all ameliorative measures is inconsistent with the text and other express … Read More about Case Update (15 June 2022): Golan v. Saada; A Judge’s consideration of ameliorative measures is discretionary
Case Update (22 March 2022): Golan v. Saada; Live Oral Arguments
The U.S. Supreme Court will hear oral arguments in its fifth Hague Abduction Convention case today, March 22, 2022. Interested individuals can hear audio of the arguments live on the Supreme Court's website. You can also follow ScotusBlog's live tweets here. The question that Ms. Golan … Read More about Case Update (22 March 2022): Golan v. Saada; Live Oral Arguments
Case Update (25 Feb 2022): Radu v. Shon; Petition for Writ of Certiorari before U.S. Supreme Court
On November 29, 2021, Persephone Shon petitioned the U.S. Supreme Court to grant certiorari in her case. Ms. Shon has been ordered, by a U.S. District Court, twice to return her children to Germany. The first order mandated that the children be returned in her custody. The Ninth Circuit affirmed … Read More about Case Update (25 Feb 2022): Radu v. Shon; Petition for Writ of Certiorari before U.S. Supreme Court
Case Update (2021): Golan v. Saada; U.S. Supreme Court Oral Argument Date
On December 10, 2021, the U.S. Supreme Court granted certiorari in the case of Golan v. Saada. The case has now been set for oral argument on Tuesday, March 22, 2022. As of today, the court is not permitting bar members or the public into the courthouse to view arguments, but you can listen to the … Read More about Case Update (2021): Golan v. Saada; U.S. Supreme Court Oral Argument Date
Case Update (30 Dec 2021): Radu v. Shon; grave risk, alternative remedies enforceable in habitual residence
The saga of Mr. Radu and Ms. Shon continues with a new trial court opinion on December 30, 2021. On September 17, 2020, the U.S. District Court for the District of Arizona previously issued an order granting Mr. Radu's request to have his children returned to Germany. The court opined that the … Read More about Case Update (30 Dec 2021): Radu v. Shon; grave risk, alternative remedies enforceable in habitual residence