Golan v. Saada

Wikipedia · Justia (with opinion) · Docket · oyez.org

Argued on Mar 22, 2022.
Decided on Jun 15, 2022.

Petitioner: Narkis Aliza Golan.
Respondent: Isacco Jacky Saada.

Advocates:

• Karen R. King (for the Petitioner)

Facts of the case (from oyez.org)

Isacco Saada and Narkis Golan married in Italy in 2015 and had a son. From the very start of their relationship, Saada was violently abusive toward Golan, including in front of their son (though allegedly not toward the son). In 2018, Golan and their son traveled to the United States and remained there.

Saada asked a court to return their son under the Hague Convention on the Civil Aspects of International Child Abduction. The district court found that Italy was the child’s country of habitual residence for the purposes of the Hague Convention. However, it also found that returning the child to Italy would subject him to a grave risk of psychological harm based on Saada’s abuse of Golan. Under binding precedent, the district court was also required to determine whether there were any ameliorative undertakings it could impose on Saada that would mitigate the risk of harm in returning the child to Italy. The district court ordered Saada to stay away from Golan, to pay her $30,000, and to visit their son only with Golan’s consent. After the district court coordinated with an Italian court to enforce the orders, the U.S. Court of Appeals for the Second Circuit affirmed.

Question

Under the Hague Convention on the Civil Aspects of International Child Abduction, musts courts consider all measures that might mitigate the grave risk of harm if the child were to return to their country of habitual residence?

Conclusion

A court is not required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm. Justice Sonia Sotomayor authored the majority opinion of the Court.

Article 13(b) of the Hague Convention gives a court the discretion to grant or deny return of a child to a foreign country if it finds that return would expose the child to a “grave risk” of physical or psychological harm. Nothing in the Convention’s text either forbids or requires consideration of ameliorative measures in exercising this discretion.