No. 21-825

Persephone Johnson Shon v. Bogdan Radu

Lower Court: Ninth Circuit
Docketed: 2021-12-03
Status: GVR
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: ameliorative-measures article-13b burden-of-proof child-abduction custody-dispute grave-risk hague-convention international-child-abduction international-law
Key Terms:
Takings JusticiabilityDoctri
Latest Conference: 2022-06-23 (distributed 3 times)
Question Presented (AI Summary)

Whether a district court is required to consider ameliorative measures after finding that a return would expose the child to grave risk

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Hague Convention on the Civil Aspects of International Child Abduction generally requires that children wrongfully removed or retained from their country of habitual residence be returned promptly so that custody disputes may be adjudicated in the requesting country. Article 13b of the Convention provides an exception to that requirement when there is a grave risk that returning the child would expose the child to physical or psychological harm or place the child in an intolerable situation. The questions presented are: 1. After finding that a return would expose the child to grave risk, is a district court required to consider ameliorative measures? 2. If a district court considers ameliorative measures, which party has the burden to prove the ameliorative measures?

Docket Entries

2022-07-29
JUDGMENT ISSUED
2022-06-27
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Golan</i> v. <i>Saada</i>, 596 U. S. ___ (2022).
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-02-25
Brief of respondent Bogdan Radu in opposition filed.
2022-01-26
Motion to extend the time to file a response is granted in part and the time is extended to and including February 25, 2022.
2022-01-26
Letter from counsel for petitioner dated January 24, 2022 received.
2022-01-24
Response to motion to extend the time to file a response from petitioner filed.
2022-01-20
Motion to extend the time to file a response from February 10, 2022 to March 28, 2022, submitted to The Clerk.
2022-01-11
Response Requested. (Due February 10, 2022)
2022-01-06
Response to motion received.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2022-01-03
Waiver of right of respondent Bogdan Radu to respond filed.
2021-12-31
Letter of December 31, 2021, with supplemental appendix filed.
2021-12-29
Motion to Schedule Parallel Oral Argument and Briefing with Golan v. Saada or, in the Alternative, to Defer Consideration of Petition Until Conclusion of Golan v. Saada received.
2021-11-29
Petition for a writ of certiorari filed. (Response due January 3, 2022)

Attorneys

Bogdan Radu
Michelle Erica IrwinFenwick & West LLP, Respondent
Todd Richard GregorianFenwick & West LLP, Respondent
Persephone Johnson Shon
Stephen J. CullenMiles & Stockbridge P.C., Petitioner