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Description:
Family Law Expert Melissa Kucinski, explores the Hague Abduction Convention
through the lens of the most recent U.S. Supreme Court case, Golan v.
Saada. This international treaty serves to promptly return abducted
children to their home country. However, it is not an unlimited remedy,
and in situations where there is a grave risk of harm to the child upon return,
a judge has the discretion to refuse to return that child.
In Golan v. Saada, the district court judge, upon finding a grave risk of
harm to the child based on the parties’ violent relationship, explored
ameliorative measures to craft a safe return order, requiring Ms. Golan to
return the child, and Mr. Saada to pay money to Ms. Golan, as well as refrain
from contacting her. Ms. Golan argued that such an exploration of these
ameliorative measures is contrary to the treaty, and the child’s return should
have been denied. Learn more about the Hague Abduction Convention and how
it played out in this seminal court case.
Speakers:
Melissa Kucinski
MK Family
Law