I and my team are back in the Supreme Court of the United States with an epic case that will be heard March 22, 2022.
I am proud to say that this is not our first rodeo at the Supreme Court.
Golan v. Saada is the fifth 1980 Hague Convention on Child Abduction case ever heard, and it turns on a central issue to the treaty, specifically the Grave Risk of Harm exception to return to a child’s Habitual Residence (Article 13(b)). We represent the Petitioner, a mother, who is the victim of domestic violence. The court has already determined that there exists a “Grave Risk of Harm” if the mother and her child are returned at least without some truly meaningful and enforceable ameliorative measures.
Previously, in Monasky v. Taglieri, we represented the Petitioner in the fourth 1980 Hague Convention on Child Abduction ever heard. The central issue in Monasky was Habitual Residence, the threshold issue in The Hague treaty. In the determination of Habitual Residence of an eight week old girl was the focus of the case.
Monasky is, and Golan will be, critical to interpreting the Hague Treaty in the United States, and no doubt, in the courts of foreign countries.
We continue to try to educate the court and jurists about matters they seem to know nothing about in the real world and over which they wield so much power over so many lives.
Yes, the world is often an unfair place.
We strive to even the playing field when we can.