'Prompt Return' Under the Hague Convention on International Child Abduction: The Long and Winding Road of 'Golan v. Saada'
Justice Sotomayor, writing for an undivided court, in interpreting the Hague Convention on the Civil Aspects of International Child Abduction as implemented by the International Child Abduction Remedies Act, held that a court which finds the return of a child to its country of habitual residence would expose that child to "grave risk of harm" is not then required to examine all possible "ameliorative measures" prior to denying a parent's petition for return of that child to a foreign nation.
August 16, 2022 at 10:00 AM
8 minute read
Family LawIn their classic song, "The Long and Winding Road," the Beatles famously sang: "The long and winding road that leads to your door will never disappear, I've seen that road before, it always leads me here, leads me to your door …" Commentary on the recent U.S. Supreme Court's decision in Golan v. Saada, 596 U.S. ___, 142 S. Ct. 1880 (2022), rightfully celebrates the unanimity of that court on an issue at the end of a term which was replete with many disquieting examples of the deep divisions among the members of its bench. Here, Justice Sonia M. Sotomayor, writing for an undivided court, in interpreting the Hague Convention on the Civil Aspects of International Child Abduction as implemented by the International Child Abduction Remedies Act (ICARA) 22 U.S.C. §9001 et seq., held that a court which finds the return of a child to its country of habitual residence would expose that child to "grave risk of harm" is not then required to examine all possible "ameliorative measures" prior to denying a parent's petition for return of that child to a foreign nation. Although the Supreme Court had the final say on what the law requires, it remanded the matter to the District Court to exercise its discretion and to apply "the proper legal standard" as now enunciated by the Supreme Court.
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