Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance
The Second Circuit addressed a 2nd appeal in the Saada v. Golan case on October 28, 2020, and affirmed Judge Donnelly's May 5, 2020 order to return the minor child to Italy. As a reminder, this family has been litigating the father's Hague Abduction Convention return petition up and down the second circuit for a few years. The original trial yielded a finding that the child would be subject to a grave risk of psychological harm if returned to Italy, but the court fashioned certain "undertakings" to nonetheless make the child's return possible. The mother, Ms. Golan, appealed. The Second Circuit acknowledged that any undertakings had to be enforceable, and it remanded the matter to Judge Donnelly for further review of what ameliorative measures can and should be put in place that would enable a safe return. After 9 months, Judge Donnelly again ordered the child returned , and altered the ameliorative measures. In those 9 months, additional things had ...