Case Update (2021): Pozniak v. Shwartsman; grave risk of harm and the need for a proper forensic expert
On March 15, 2021, in the case of Pozniak v. Shwartsman , the U.S. District Court for the EDNY ordered a minor child to be returned to Israel under the Hague Abduction Convention. Ms. Pozniak (a Ukrainian national) and Mr. Shwartsman are unmarried parents to one 9-year-old child, SP. During the first few years of SP's life, the family moved between Ukraine and Israel, until about 2014, at which time the family settled in Israel, sometimes under the same roof, and, at other times, not. Mr. Shwartsman traveled with SP a few times to New York City. The parents had no formal custody agreement, but worked together to ensure access between SP and both parents. In July 2019, Mr. Shwartsman traveled to NYC with SP. At trial, the parents disagreed as to the length of the trip, with Mr. Shwartsman arguing it was meant to be indefinite. Ms. Pozniak argued that she agreed that SP return no later than September 1st for school, but that date...