United States Second Circuit

In an action brought by father pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, as implemented in the United States by the International Child Abduction Remedies Act, seeking the return of his two sons to Italy from their mother in the United States, the district court's denial of father's petition is affirmed, where: 1) the district court did not err in holding that return would pose a "grave risk" of harm, pursuant to Article 13(b) of the Convention, to one of the sons, who has severe autism and receives therapy in the United States, and that separating the siblings would pose a grave risk of harm to both of them; and additionally, 2) father's history of domestic violence towards mother and the children is itself sufficient to establish the "grave risk" of harm defense. The judgment is also amended to deny the petition with prejudice.

Appellate Information

• Decided 07/08/2014
• Published 07/08/2014

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel