NASW on amicus brief on case involving repatriation of a child, mother who suffered abuse

Feb 22, 2022

sad asian child and quarreling parentsThe National Association of Social Workers (NASW) and 13 other organizations on January 26, 2022 participated in an amicus brief  filed in the United States Supreme Court in Golan v. Saada, a child abduction case.

NASW had previously participated in this case filed in the United States Court of Appeals for the Second Circuit. Courts at the lower level decided that the child and Ms. Golan (mother), had suffered extreme physical, sexual and psychological abuse by Mr. Saada (husband and father), and should be returned to their country of residence.  The main issue is this case before the U.S. Supreme Court is whether returning a child who has been exposed to extreme domestic violence to their country of residence would result in more harm.

Our brief highlighted clinical research that shows children exposed to domestic violence face a significant risk of suffering physical, psychological and  developmental issues.  The brief also argues that the harm done to children by exposure to domestic violence is too complex for a court to “solve” through ameliorative measures and does not mitigate the probability that the abuse will continue once the mother and child are repatriated.

A copy of the Golan v. Saada amicus brief is attached and can also be found in NASW’s LDF amicus brief database.