No. 20-1034October Term 2020Decided Jun 15, 2022Updated Sep 3, 2026
Golan v. Saada
Courts may consider protective measures, but they are not categorically required to consider every possible measure after finding a grave risk.
Case status
Decided · June 15, 2022
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released Jun 15, 2022
- What it's about
This case concerns when a court handling an international child-abduction dispute under the Hague Convention may refuse to send a child back to the child’s home country after finding that return would expose the child to a grave risk of physical or psychological harm. The dispute specifically asks whether courts must consider protective or other ameliorative measures that might make return possible despite that grave-risk finding.
Question presented
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.
- Case path
United States Court of Appeals for the Second Circuit / Decision released Jun 15, 2022
- Area
Decided Supreme Court case
Decision
What the Court decided
Courts may consider protective measures, but they are not categorically required to consider every possible measure after finding a grave risk.
Impact
The decision affects parents and children in international custody disputes. For example, a court that finds a child could face serious physical or psychological harm is not required to examine every possible protection that might allow a return.
Not official Court text.
Opinion documents
Briefing
What it's about
The Court decided that the Hague Convention (a treaty on international child-return disputes) does not categorically require a court to consider every possible protective step before refusing to return a child facing a grave risk of harm.
Impact
The decision affects parents and children in international custody disputes. For example, a court that finds a child could face serious physical or psychological harm is not required to examine every possible protection that might allow a return.
What's next
The Supreme Court has finished its action in this case. Courts handling future Hague Convention disputes will apply this conclusion when considering requests to return children.
What did the Supreme Court rule in Golan v. Saada?
The Court said courts are not categorically required to consider every possible protective measure before refusing a child's return after finding a grave risk.
Who is affected by Golan v. Saada?
Parents and children in international return disputes under the Hague Convention (a treaty on child return) are affected. Courts may consider protective steps but need not examine every option.
What happens next after Golan v. Saada?
The Supreme Court has finished the case. Lower courts will apply its conclusion in future Hague Convention disputes involving a claimed grave risk to a child.
Timing
Decided June 15, 2022
The Court released its decision on June 15, 2022 without hearing oral argument.
Documents
Activity
Docket activity4
AI analysis generated: Case Briefing
Sep 3, 2026 | Generated
Brief added: Questions Presented
May 23, 2026 | Court records
Opinion added: opinion
Jun 15, 2022 | Court records
Brief added: Petition
Jan 26, 2021 | Court records
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Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 20-1034
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 23, 2026
Opinion
opinion | Jun 15, 2022
Petition
brief | Jan 26, 2021
SupremeCourt.gov
official | Sep 3, 2026
SupremeCourt.gov
official | Sep 3, 2026
SupremeCourt.gov
official | Sep 3, 2026
SupremeCourt.gov
official | Sep 3, 2026