On August 31, 2021, the 9th Circuit remanded to the U.S. District Court for the District of Arizona to address the likelihood that the alternative remedies it crafted in its order returning the parties' children to Germany were likely to be performed. As a reminder, in September 2020, the U.S. … Read More about Case Update (2021): Radu v. Shon; Remand on Likelihood of Performance of Alternative Remedies
Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
On September 15, 2021, the Ninth Circuit Court of Appeals vacated and remanded in the matter of In re ICJ, concluding the District Court erred in denying Mr. Jones' petition for return of his child to France under the Hague Abduction Convention. To expedite the case, the parties agreed, in a … Read More about Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
Case Update (2021): Emilie DLM v. Carlos C; Hague Abduction; Grave Risk and Ameliorative Measures
On April 29, 2021, the Court of Appeal of California, in an unpublished opinion, affirmed the denial of Carlos' Hague Abduction return petition. Emilie and Carlos met at UC Davis Law, subsequently married and had two children. In September 2016, they moved to Carlos' hometown in Chile. Towards … Read More about Case Update (2021): Emilie DLM v. Carlos C; Hague Abduction; Grave Risk and Ameliorative Measures
Case Update (2021): Golan v. Saada; U.S. Supreme Court request brief from Solicitor General
On April 5, 2021, the U.S. Supreme Court invited the Acting Solicitor General to file a brief in the case of Golan v. Saada, to express the views of the United States. This blog has featured a variety of updates on this case over the past year. The issue presented to the Supreme Court … Read More about Case Update (2021): Golan v. Saada; U.S. Supreme Court request brief from Solicitor General
Case Update (2021): Saada v. Golan; Mr. Saada’s Response to Ms. Golan’s Petition for Writ of Cert to the U.S. Supreme Court
On March 1, 2021, Mr. Saada filed his response to Ms. Golan's petition to the U.S. Supreme Court, where she asked the court to answer "Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliorative measures … Read More about Case Update (2021): Saada v. Golan; Mr. Saada’s Response to Ms. Golan’s Petition for Writ of Cert to the U.S. Supreme Court
Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance
The Second Circuit addressed a 2nd appeal in the Saada v. Golan case on October 28, 2020, and affirmed Judge Donnelly's May 5, 2020 order to return the minor child to Italy. As a reminder, this family has been litigating the father's Hague Abduction Convention return petition up and down the … Read More about Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance