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Family Law Across Borders

Family Law Across Borders

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protective measures

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

June 15, 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 (2021 Oct 28): Saada v. Golan; U.S. Government’s Brief on Cert Petition

October 29, 2021

On October 28, 2021, the U.S. Acting Solicitor General filed a brief in the case of Saada v. Golan, taking the position that the U.S. Supreme Court should grant Ms. Golan's petition for writ of certiorari. As a reminder, this case addresses whether a court must determine if there are … Read More about Case Update (2021 Oct 28): Saada v. Golan; U.S. Government’s Brief on Cert Petition

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

Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk

September 14, 2021

In September 2020, the U.S. District Court for the District of Arizona ordered that Mr. Radu and Ms. Shon's two children be returned to Germany, but, because the court concluded returning the children to Mr. Radu would present a grave risk of psychological harm, the court ordered that "Shon shall … Read More about Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk

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

Case Update (2021): Emilie DLM v. Carlos C; Hague Abduction; Grave Risk and Ameliorative Measures

May 25, 2021

On April 29, 2021, the Court of Appeal of California, in an unpublished opinion, affirmed the denial of Carlos' Hague Abduction return petition.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

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

Case Update (2021): Golan v. Saada; U.S. Supreme Court request brief from Solicitor General

April 6, 2021

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

Category iconameliorative measures,  amicus,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  protective measures,  Solicitor General,  Supreme Court,  undertakings

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

March 5, 2021

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

Category iconameliorative measures,  cert,  Grave Risk,  Hague Abduction Convention,  petition for writ of cert,  protective measures,  Supreme Court,  undertakings

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