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No. 20-1034October Term 2020Decided Jun 15, 2022Updated Sep 3, 2026

Docket 20-1034October Term 2020 (2020–2021)

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
Case Accepted
Arguments
Decision ReleasedJun 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

Decision record

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.

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