Justices rule for American woman in bitter custody dispute

Bankruptcy Law

The Supreme Court ruled unanimously Wednesday for an American woman who is involved in a bitter international custody dispute with her Italian husband over their young son.

The high court threw out lower court decisions ordering the return of the boy to Italy despite finding that he would be at “grave risk of psychological harm” because of the father’s physical and emotional abuse of the mother. The child, now around 6, has been living in the U.S. with his mother since 2018.

Federal courts in New York ruled that judges must try to return children to their usual country of residence by imposing conditions that would mitigate the risk, under the international Hague Convention on child abduction.

Writing for the Supreme Court, Justice Sonia Sotomayor said judges have ample discretion to refrain from ordering a child returned, if they find “the grave risk so unequivocal, or the potential harm so severe, that ameliorative measures would be inappropriate.”

The justices ordered a new look at the case with that discretion in mind.

It’s beyond dispute, Sotomayor wrote that the relationship between Narkis Golan, a U.S. citizen, and Isacco Saada, an Italian, “was characterized by violence from the beginning.” They met at a wedding in Milan in 2014, were married a year later and had their son a year after that.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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