On July 9, 2024, the Second Circuit issued a summary order solidifying victory for our client in a case brought against her under the Hague Convention by the father of her children. The panel affirmed the June 2023 decision by Judge Oetken of the Southern District of New York to deny the father’s petition for the return of their two children to Spain. Our client fled Spain with the children in 2021 to escape their father’s domestic abuse and out of concern about his connections to organized crime and drug trafficking. Since arriving in New York, she has worked tirelessly to support her children.

The Davis Polk team prepared a 69-page appellate brief and on April 2, 2024, White Collar associate Brendan Blase delivered the oral argument before the Second Circuit. The Second Circuit upheld the District Court’s finding that our client successfully asserted two defenses to repatriation – the well-settled and mature child objection defenses – and held that the District Court appropriately exercised its discretion in declining to return the children to Spain. The Second Circuit’s decision not only changes the lives of a deserving family, but it serves as an important precedent for future survivors of abuse seeking refuge. The District Court expressly credited our client’s allegations of domestic violence, which is critical for any future custody proceedings and for our client, who was finally heard and believed.

Sanctuary for Families originally referred our client to Davis Polk given the firm’s significant experience litigating Hague matters on behalf of survivors of domestic violence. 

The Davis Polk appeals team included Chief Pro Bono Counsel Amelia Starr, counsel and Head of Pro Bono Litigation Dara Sheinfeld, associates Brendan Blase, Meredith Manning and Ryann Moelis. 

Copy link to share post