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Washington (AP) —The Supreme Court unanimously ruled an American woman involved in a fierce international custody dispute over an Italian husband and young son on Wednesday.
The High Court dismissed a lower court ruling ordering the boy to return to Italy, even though the father determined that there was “a significant risk of harm” due to physical and mental abuse of the mother. .. Currently, children around the age of 6 have been living in the United States with their mother since 2018.
A federal court in New York ruled that under the International Hague Convention on the Abduction of Children, judges must attempt to return their children to their normal country of residence by imposing conditions that mitigate risk.
Judge Sonia Sotomayor told the Supreme Court that “the serious risks are very obvious, or the potential harm is very serious and the remedial measures are inadequate.” Said he had sufficient discretion to refrain from ordering the return of his child.
With that discretion in mind, the judge ordered a new perspective on the case.
Sotomayor states that the relationship between American citizen Narquis Golan and Italian Isakko Sada was “characterized by violence from the beginning.” They met at a wedding in Milan in 2014, got married a year later, and had a son a year later.
“They were fighting almost every day. In their discussion, Sada sometimes pushed, hit, grabbed, and pulled her hair. Sada also yelled at Golan and swore. Sada once told Golan’s family that he would kill her. Much of Golan’s abuse by Sada was in front of his son. It happened, “Sotomayor wrote.
There is no evidence that Sada abused her child.
Golan left Italy with his child in 2018 and has not returned.
Under a court order dismissed by the Supreme Court on Wednesday, the child would have lived in Italy with his mother and his father would have overseen the visit. Sada was not allowed to contact Golan for a year.
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