The Supreme Court Got at Least One Thing Right This Term
The Supreme Court's ruling in 'Golan v. Saada' will have the biggest impact on victims of domestic violence, who are the most common respondents in the Hague Convention's "grave of risk of harm" cases.
July 22, 2022 at 02:10 PM
7 minute read
On June 15, 2022, the Supreme Court of the United States unanimously held that in cases under the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention), once a finding is made that returning a child to a parent residing in a foreign country would expose the child to a "grave risk of harm," the court may refuse to return the child without considering whether any "ameliorative measures" may be implemented in that foreign country to mitigate the risk of harm. Golan v. Saada, 596 U.S. ___ (2022). This decision brings to an end a long-term split among the U.S. federal circuit courts, where some courts required a mandatory consideration of ameliorative measures post finding of the grave risk of harm and others expressly refused to do so. Most significantly, for the first time, the Supreme Court explicitly held that "the Convention sets as a primary goal the safety of the child." In doing so, the Supreme Court rejected the long-held view of some federal circuit courts that the Convention "pursue[s] return exclusively or at all costs."
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