Don’t Send Son Back to Italy for Custody Hearing, American Mother Urges Supreme Court

An appeals court misinterpreted an international child abduction treaty in a custody dispute by ordering that a child who is a dual citizen of the U.S. and Italy, and had been living in Italy, should be returned to that country for the courts there to decide custody, the Supreme Court heard March 23. The case is Golan v. Saada, court file 20-1034. The case involves the Hague Convention on the Civil Aspects of International Child Abduction, a 1980 treaty regarding international child abductions that take place during domestic disputes. It provides that children wrongfully removed from the country where they reside have to be sent back to that country so that custody disputes may be adjudicated there. The theory is that a parent should not be allowed to “gain an advantage in a custody dispute by abducting the child and taking her to a different country,” according to Amy Howe …

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