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): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk
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
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On April 29, 2021, the Court of Appeal of California, in an unpublished opinion, affirmed the denial of Carlos' Hague Abduction return petition.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): In re MVU; Hague Abduction Convention and Article 13(b) grave risk due to domestic violence towards the taking parent
In the recent case of In re MVU, the Appellate Court of Illinois affirmed an order refusing return of a minor child to its habitual residence of Mexico because that would present a grave risk of harm to the child based on the father's domestic violence of the mother. The court in opining … Read More about Case Update (2020): In re MVU; Hague Abduction Convention and Article 13(b) grave risk due to domestic violence towards the taking parent
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
Case Update (2020): Valles Rubio v. Veintimilla Castro; Grave Risk in Hague Abduction Case, and ameliorative measures
On May 11, 2020, the Second Circuit Court of Appeals affirmed the return of a minor child to Ecuador in the case of Valles Rubio v. Veintimilla Castro, 813 Fed.Appx. 619 (2020). The key issue on appeal revolved around the grave risk of harm to the minor child if returned to Ecuador, and … Read More about Case Update (2020): Valles Rubio v. Veintimilla Castro; Grave Risk in Hague Abduction Case, and ameliorative measures
Case Update (2020): Radu v. Shon; Hague Abduction Convention and the Grave Risk of Harm
On September 16, 2020, the U.S. District Court for the District of Arizona returned the parties' children to their habitual residence of Germany. In the case of Radu v. Shon, the Respondent Mother (Shon) conceded that her removal of the children from Germany in June 2019 was wrongful. … Read More about Case Update (2020): Radu v. Shon; Hague Abduction Convention and the Grave Risk of Harm
Case Update (2020): Grano v. Martin; Hague Abduction Convention, Habitual Residence, Grave Risk & Undertakings
The U.S. Court of Appeals for the 2nd Circuit recently affirmed a return order issued pursuant to the Hague Abduction Convention in the Grano v. Martin matter. The Respondent Mother appealed on three points. First, she argued that the trial court misapplied the Monasky v. Taglieri test … Read More about Case Update (2020): Grano v. Martin; Hague Abduction Convention, Habitual Residence, Grave Risk & Undertakings
Case Update (2020): Saada v. Golan; Undertakings to Ameliorate a Grave Risk and the 1980 Convention
In 2019, the 2nd Circuit Court of Appeals addressed the issue of undertakings in a 1980 Hague Child Abduction Convention case. In the case of Saada v. Golan, 930 F.3d 533 (2nd Cir 2019), a mother was accused of wrongfully retaining the parties’ minor child in New York after visiting for a … Read More about Case Update (2020): Saada v. Golan; Undertakings to Ameliorate a Grave Risk and the 1980 Convention