December 10, 2021
On Friday, the Supreme Court added three new cases to its 2021-22 term file.After the court hearing ruling In two cases that challenged Texas law, the law prohibited almost all abortions after the sixth week of pregnancy on Friday morning. New grant Obviously low-key Friday afternoon. The judges agreed to deal with issues ranging from international child custody to discovery in private arbitration and the scope of the Federal Arbitration Act.
exist Golan v. Send, The court will once again weigh the interpretation of the Hague Convention on the Civil Aspects of International Child Abduction, which is an international agreement adopted in 1980 to deal with the issue of international child abduction during domestic disputes. According to the Convention, children who were mistakenly taken from their country of residence must return to that country in order to resolve custody disputes there. The rationale behind this authorization is that parents should not gain an advantage in custody disputes by kidnapping their child and taking her to a different country.
For situations where there is a “serious risk”, that is, returning a child will cause her to suffer physical or psychological harm, the Convention provides for exceptions to the general return requirement.exist Golan, The judges agreed to decide whether to ask the court to consider all measures to reduce the risk of serious injury to children when they return home.
In cases involving parents from two different countries, the problem arises in the courts, as often happens in the Hague Convention cases. US citizen Narkis Golan (Narkis Golan) married Italian citizen Isacco Saada (Isacco Saada) in 2015; the couple’s child, only known as BAS in court proceedings, was in 2016 Born in Milan. Saada abused Golan throughout the marriage, often in front of BAS, but he did not directly abuse their son. In 2018, Golan took BAS to the United States and did not return, staying in a domestic violence shelter in New York. Saada went to the Federal Court there and tried to force BAS to return to Italy in accordance with the convention.
The US Court of Appeals for the Second Circuit ruled that when the district court concludes that the return of the child poses a serious risk of injury, the district court must consider measures to reduce this risk. The case then returned to the district court, which ordered BAS to return to Italy and take various measures to protect him-for example, Saada paid Golan for a year, a protection order for Saada, and treatment and parenting courses for Saada.
Goran went to the Supreme Court and asked the judge to hear her case. She argues that the Second Circuit’s rules require courts to consider measures to reduce the risk of serious harm, which conflicts with other appellate courts’ judgments that do not require such measures—especially in cases involving domestic violence. .
In April 2021, the judges sought the opinion of the federal government, and in October, the United States agree The Supreme Court should weigh. The government explained that the Hague Convention “allows but does not require the court to consider measures that can reduce the risk of serious injury when determining whether to order the deportation of a child” under exceptions to the general return requirement.
The judge combined the two cases, ZF Automotive US v. Luxshare, Ltd., and Alixpartners v. Foreign Investor Rights Protection Fund, And arrange for them to argue together. They involve a federal law that gives the district court discretion to order someone in the district to testify or produce documents “for use by foreign or international courts.”Earlier this year, the judge approved the Servotronics v. Rolls Royce Decide whether this discretion extends to the discovery of evidence used in private arbitration. After the parties settled, the case was deleted from the court file; now the judges will consider this issue again.
The judge also awarded Petition submitted by Southwest Airlines In cases involving the Federal Arbitration Act. The court agreed to decide whether the airline employee serving as the agent in charge of the apron is a “transportation worker”, so there is no need to arbitrate her wage dispute with the airline.
The judges will issue more orders at the Friday meeting at 9:30 am on Monday, December 13
This article is Originally published in Howe on the Court.