MK Family Law

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 was:  "The Hague Convention on the Civil Aspects of International Child Abduction requires return of a child to his or her country of habitual residence unless, inter alia, there is a grave risk that his or her return would expose the child to physical or psychological harm. The question presented is: 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 that would facilitate the return of the child notwithstanding the grave risk finding."   Ms. Golan's Petition for a Writ of Cert can be found here .  Mr. Saada's Affirmation in Opposition can be found here .  Ms...

The UK Supreme Court heard oral argument in January 2021 in the case of G. v. G .   The minor child's parents lived near one another in South Africa until February 2020. The minor child identified as lesbian, and the child's mother claims that she began experiencing persecution in South Africa on this basis.  The mother removed the minor child and took her to England, where she made an application for asylum.  The child's father brought a return petition under the Hague Abduction Convention.  The child's return was ordered.  The mother appealed to the UK Supreme Court asking:  1. Does a child named as a dependent on a parent's asylum application have any protection from refoulment? 2. Can a return order be made under the 1980 Hague Convention even where a child has protection from refoulment? 3. Should the High Court be slow to stay an application under the 1980 Convention prior to determination of an application for asylum? On March 19, 2021, the Supr...

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 that would facilitate the return of the child not withstanding the grave risk finding ."  Mr. Saada takes the view that "ameliorative measures" are simply one tool available to a court, in that a court always has the discretion to return a minor child, even if Respondent demonstrates an exception by the requisite burden of proof from ICARA.  Mr. Saada argues that Ms. Golan is simply seeking to restrict the court's discretion, thereby undermining the goals of the treaty.  Specifically, in addressing why cert should not be granted, Mr. Saada says, "To be clear, none of the Circuits have established a blanket rule that it is inappropriate to consider ameliorati...