When Courts Create Rules of Return

Molshree Sharma in her February Illinois Bar Journal article, “When Courts Create Rules of Return,” notes that courts have sometimes ordered the return of a minor child under specific conditions that the petitioning parent must comply with to balance the competing concerns of ensuring the return of minor children to their habitual residence with preventing or ideally eliminating grave harm. These conditions are typically called “ameliorative measures” or “undertakings.” In her article, Sharma assesses the split in the U.S. appellate courts on both consideration and application of ameliorative measures and the U.S. Supreme Court’s attempt to resolve the split in Golan v. Saada.

Read, "When Courts Create Rules of Return," in the February Illinois Bar Journal.