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Saada v. Golan

Facts

Petitioner Narkis Golan, a U.S. citizen, and respondent Isacco Saada, an Italian citizen, had a tumultuous relationship characterized by violence. After Golan moved to the U.S. with their son, B. A. S., Saada sought the child's return to Italy under the Hague Convention, claiming wrongful retention. The district court initially ruled in favor of Saada, citing the child's habitual residence in Italy but later found that returning the child would expose him to grave risk due to Saada's violent behavior.

Petitioner Narkis Golan is a citizen of the United States. She met respondent Isacco Saada, an Italian citizen, while attending a wedding in Milan, Italy, in 2014. Golan soon moved to Milan, and the two wed in August 2015. Their son, B. A. S., was born the next summer in Milan, where the family lived for the first two years of B. A. S.`life. The following facts, as found by the District Court, are not in dispute. Saada and Golans relationship was characterized by violence from the beginning. The two fought on an almost daily basis and, during their arguments, Saada would sometimes push, slap, and grab Golan and pull her hair. Saada also yelled and swore at Golan and frequently insulted her and called her names, often in front of other people. Saada once told Golans family that he would kill her. Much of Saadas abuse of Golan occurred in front of his son.

Issue

Did the Second Circuit err in requiring the district court to consider all ameliorative measures before denying the return of a child under the Hague Convention due to a grave risk of harm?

Did the Second Circuit err in requiring the district court to consider all ameliorative measures before denying the return of a child under the Hague Convention due to a grave risk of harm?

Rule

Under the Hague Convention, a court must order the return of a child wrongfully removed unless it finds that return would expose the child to a grave risk of physical or psychological harm, in which case the court has discretion to deny return.

Under the Hague Convention, a court must order the return of a child wrongfully removed unless it finds that return would expose the child to a grave risk of physical or psychological harm, in which case the court has discretion to deny return.

Analysis

The Supreme Court determined that the Second Circuit's requirement for the district court to consider all ameliorative measures was inconsistent with the Hague Convention's text. The Court emphasized that the district court should evaluate whether the proposed measures were sufficient to mitigate the identified risks to the child, rather than being bound to consider every possible measure.

The Supreme Court determined that the Second Circuit's requirement for the district court to consider all ameliorative measures was inconsistent with the Hague Convention's text. The Court emphasized that the district court should evaluate whether the proposed measures were sufficient to mitigate the identified risks to the child, rather than being bound to consider every possible measure.

Conclusion

The Supreme Court vacated the Second Circuit's decision and remanded the case for further proceedings, directing the district court to assess the adequacy of the proposed ameliorative measures in light of its findings regarding the child's safety.

The Supreme Court vacated the Second Circuit's decision and remanded the case for further proceedings, directing the district court to assess the adequacy of the proposed ameliorative measures in light of its findings regarding the child's safety.

Who won?

The Supreme Court ruled in favor of Golan, stating that the Second Circuit's requirement was inconsistent with the Hague Convention, thus allowing for a more flexible approach to evaluating the safety of the child.

The Supreme Court ruled in favor of Golan, stating that the Second Circuit's requirement was inconsistent with the Hague Convention, thus allowing for a more flexible approach to evaluating the safety of the child.

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