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Grave Risk

Case Update (15 June 2022): Golan v. Saada; A Judge’s consideration of ameliorative measures is discretionary

June 23, 2022

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

Category iconabduction,  ameliorative measures,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  protective measures

Case Update (24 May 2022): Aldaba v. Marta; Respondent did not meet his burden to demonstrate grave risk; children returned under Hague Abduction Convention

May 25, 2022

The U.S. District Court for the D. of Kansas issued its written order, following an oral ruling, that the parties' four minor children are to be returned to Mexico. Their mother had sole custody of the children pursuant to a Mexican decree, but in August 2021, their father removed them from Mexico … Read More about Case Update (24 May 2022): Aldaba v. Marta; Respondent did not meet his burden to demonstrate grave risk; children returned under Hague Abduction Convention

Category iconabduction,  Child Abduction,  Grave Risk,  Hague Abduction Convention

Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention

May 23, 2022

Mr. Karim filed a petition for return of his 8-year old daughter from the USA to England on September 7, 2021. Ms. Nakato, the child's mother, had removed the child on or about September 1, 2020. The father, when he arrived home to their shared residence that day, found all the child's belongings … Read More about Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention

Category iconabduction,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  mature child,  now settled

Case Update (12 April 2022): Munoz v. Diaz; clear and convincing evidence burden was not met to prove a grave risk of harm

April 18, 2022

The parties are parents to two children. Both parents and both children are Mexican nationals, and had been residing in Mexico until the Mother removed the children from Mexico and settled them in Georgia with her new husband. The parties were previously divorced, and had signed an agreement that … Read More about Case Update (12 April 2022): Munoz v. Diaz; clear and convincing evidence burden was not met to prove a grave risk of harm

Category iconabduction,  Child Abduction,  Grave Risk,  Hague Abduction Convention

Case Update (29 March 2022): Salame v. Tescari; asylum and the return of children under the Hague Abduction Convention

April 26, 2022

Father and Mother are Venezuelan citizens with two children. Ms. Tescari, the children's mother, removed them from their home in Venezuela and brought them to the United States in 2018. On February 20, 2019, Mr. Salame petitioned for their return under the Hague Abduction Convention. On June 10, … Read More about Case Update (29 March 2022): Salame v. Tescari; asylum and the return of children under the Hague Abduction Convention

Category iconabduction,  asylum,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  human rights

Case Update (9 March 2022): Argueta v. Lemus; Hague Abduction Convention return after Taking Parent cannot meet burden of proof on any exception

March 27, 2022

On August 29, 2020, the Mother traveled with the child from Honduras to the United States to visit with a family friend named Bessy. She had a return plane ticket for September 26, 2020, which she never used. Instead, she remained with the child in the USA. The Mother left behind most of her … Read More about Case Update (9 March 2022): Argueta v. Lemus; Hague Abduction Convention return after Taking Parent cannot meet burden of proof on any exception

Category iconabduction,  Child Abduction,  consent,  Grave Risk,  Hague Abduction Convention,  Intolerable situation,  now settled

Case Update (22 March 2022): Golan v. Saada; Live Oral Arguments

March 10, 2022

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

Category iconabduction,  ameliorative measures,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  Supreme Court,  undertakings

Case Update (25 Feb 2022): Radu v. Shon; Petition for Writ of Certiorari before U.S. Supreme Court

March 1, 2022

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

Category iconabduction,  ameliorative measures,  Child Abduction,  Grave Risk,  Hague Abduction Convention

Case Update (31 January 2022): Garcia v. Ramsis; return of child to Spain; no grave risk proven

February 6, 2022

Mr. Garcia is SJG's father. Ms. Ramsis is her mother. The child is a dual U.S.-Spanish national; Mr. Garcia is a Spanish national; and, Ms. Ramsis is an Egyptian national. SJG was born in 2018 in NY, and approximately 3 weeks after her birth, the family moved to Egypt for Mr. Garcia's employment. … Read More about Case Update (31 January 2022): Garcia v. Ramsis; return of child to Spain; no grave risk proven

Category iconabduction,  Child Abduction,  Grave Risk,  Habitual Residence,  Hague Abduction Convention

Case Update (2021): Golan v. Saada; U.S. Supreme Court Oral Argument Date

January 29, 2022

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

Category iconabduction,  ameliorative measures,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  Supreme Court,  undertakings

Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof

January 9, 2022

On January 7, 2022, the First Circuit affirmed the U.S. District Court for the District of Massachusetts's return of Mr. Vieira's 7-year-old son from Massachusetts to Brazil. Ms. De Souza argued, on appeal, that the court erred when it concluded that the grave risk exception did not apply and in … Read More about Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof

Category iconabduction,  Burden,  Child Abduction,  Evidence,  Grave Risk,  Hague Abduction Convention,  mature child,  pro se,  self-represented

Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case

January 8, 2022

Mr. Tchenguiz is seeking the return of his child to England through the Hague Abduction Convention. There are apparently three legal issues at dispute in this case, which had been set for trial for January 10, 2022 (after a continuance of a December trial date based on Respondent's new arguments in … Read More about Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case

Category iconabduction,  Child Abduction,  Discovery,  Grave Risk,  Habitual Residence,  Hague Abduction Convention,  mature child

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