Golan v. Saada
U.S. Supreme Court · decided June 15, 2022 · Supreme Court Database (Spaeth)
- Decided
- June 15, 2022
- Term
- October Term 2021
- Vote
- 9–0
- Majority author
- Justice Sotomayor
- Issue area
- Civil Rights
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2021 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus GOLAN v. SAADA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 20–1034. Argued March 22, 2022—Decided June 15, 2022 The Hague Convention on the Civil Aspects of International Child Ab- duction requires the judicial or administrative authority of a Contract- ing State to order a child returned to the child’s country of habitual residence if the authority finds that the child has been wrongfully re- moved to or retained in the Contracting State. The authority “is not bound to order the return of the child,” however, if the authority finds that return would expose the child to a “grave risk” of “physical or psy- chological harm or otherwise place the child in an intolerable situa- tion.” The International Child Abduction Remedies Act (ICARA) im- plements the Convention in the United States, granting federal and state courts jurisdiction over Convention actions and directing those courts to decide cases…
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