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1 1 (2019)

handle is hein.congcourts/fjcsaad0001 and id is 1 raw text is: Commentary: Appellate Court Cases Saada v. Golan, 930 F.3d 533 (2nd Cir. 2019) Other Second Circuit Cases Eidem v. Eidem, No. 19-1417, 2019 U.S. App. LEXIS 36488 (2d Cir. Dec. 10, 2019) Marks v. Hochhauser, 876 F.3d 416 (2d Cir. 2017) Tann v. Bennett, 648 F. App'x 146 (2d Cir. 2016) Ermini v. Vittori, 758 F.3d 153 (2d Cir. 2014) Hollis v. O'Driscoll, 739 F.3d 108 (2d Cir. 2014) Souratgar v. Lee, 720 F.3d 96 (2d Cir. 2013) Guzzo v. Cristofano, 719 F.3d 100 (2d Cir. 2013) Hofmann v. Sender, 716 F.3d 282 (2d Cir. 2013) Ozaltin v. Ozaltin, 708 F.3d 355 (2d Cir. 2013) Mota v. Castillo, 692 F.3d 108 (2d Cir. 2012) Duran v. Beaumont, 622 F.3d 97 (2d Cir. 2012) Gitter v. Gitter, 396 F.3d 124 (2d Cir. 2005) Grieve v. Tamerin, 269 F.3d 149 (2d Cir. 2001) Blondin v. Dubois (Blondin II), 238 F.3d 153 (2d Cir. 2001) Grave Risk I Court's Discretion to Return | Undertakings I Habitual Residence In this case, a child was ordered returned to its ha- bitual residence in Italy, but the undertakings that conditioned the return were unenforceable. The Second Circuit remanded the case to the district court to consider conditions of return that would protect the child. Holdings The Second Circuit affirmed the lower court's find- ing on habitual residence but remanded the case for further consideration of undertakings, given the likelihood that the proffered undertakings could not be enforced. Facts The father, an Italian citizen, and the mother, a U.S. citizen, married in Milan, Italy, in 2014. They had a child together in 2015. Soon after their marriage, the father began abusing the mother physically, verbally, and emotionally. This abuse continued throughout the marriage. On one occasion, the fa- ther threatened to kill the mother. This behavior of- ten took place in the presence of the child. The child lived in Italy for his first two years. In July 2018, the mother traveled with the child to the United States to attend her brother's wedding. She did not return to Italy with the child and moved into a domestic violence shelter in New York. Diorinou v. Mezitis, 237 F.3d 133 (2d Cir. 2001) After a nine-day trial, the district court found that Blondin v. Dubois (Blondin 1), Italy was the child's habitual residence, and or- 189 F.3d 240 (2d Cir. 1999) dered the child be returned to Italy subject to cer- tain undertakings. The court found that returning the child to Italy would expose him to a grave risk of harm, and specifically concluded that a return could result in significant adverse effects upon his psychological health and development. The court further found that the father was unlikely to change his behavior, and could not control his anger or take responsibility for his behavior. Therefore, as a Commentary-Saada v. Golan Page 1

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