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...

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...