Case Update (2021): Golan v. Saada; U.S. Supreme Court Oral Argument Date

Abduction

Jan 31

On December 10, 2021, the U.S. Supreme Court granted certiorari in the case of Golan v. Saada. The case has now been set for oral argument on Tuesday, March 22, 2022. As of today, the court is not permitting bar members or the public into the courthouse to view arguments, but you can listen to the audio of the arguments live on the Supreme Court's website. Transcripts typically come out as quickly as a few hours after the argument. Oral arguments begin at 10 a.m. ET.

The Supreme Court's docket provides up-to-date PDFs of all briefs filed on behalf of the parties, the government, and amici. SCOTUSblog also provides live tweets and updates during the argument.

The issue before the Court is as follows: "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."

In addition to the briefs filed in the Supreme Court, you may also want to review the following:

July 19, 2019 Opinion by the Second Circuit

May 5, 2020 Memorandum Decision and Order by the EDNY

October 28, 2020 Opinion by the Second Circuit

March 29, 2021 Memorandum Decision and Order by the EDNY

October 18, 2021 Unpublished Opinion by the Second Circuit

Melissa Kucinski

Melissa Kucinski works with family lawyers to strategically resolve their clients’ complex international cases. A fellow of the AAML, the IAFL, and chair of international family law committees in the American Bar and New York State Bar Associations, Melissa is a respected colleague to have on any legal team. A former consultant for the Hague Conference on Private International Law, member of the Uniform Law Commission’s Joint Editorial Board on Uniform Family Laws, and member of the U.S. Secretary of State’s Advisory Committee on Private International Law, Melissa maintains a robust network to help her clients in international disputes.

https://mkfamily.law/