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
Case Update (10 Dec 2021): Saada v. Golan; Cert Petition Granted
The U.S. Supreme Court granted Ms. Golan's Petition for Writ of Certiorari, making this the fifth Hague Abduction case going before the Supreme Court. … Read More about Case Update (10 Dec 2021): Saada v. Golan; Cert Petition Granted
Case Update (2021 Oct 28): Saada v. Golan; U.S. Government’s Brief on Cert Petition
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
Case Update (2021): Saada v. Golan; 2nd Circuit Affirms return order after Rule 60(b) ruling
While Mr. Saada and Ms. Golan await word from the U.S. Supreme Court as to Ms. Golan's request for a writ of certiorari, the Second Circuit rendered yet another opinion on October 18, 2021. In its opinion, it again affirmed Judge Donnelly's order out of the EDNY, returning the parties' minor child … Read More about Case Update (2021): Saada v. Golan; 2nd Circuit Affirms return order after Rule 60(b) ruling
Case Update (2021): Radu v. Shon; Remand on Likelihood of Performance of Alternative Remedies
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): 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