⚖ Oral Arguments, with Context

The Second Circuit considers a father's request to return his child to Poland under the Hague Convention. The mother had brought their child to the United States, and the father sought an order sending the child back. The district judge refused, finding that the father's abuse of the mother and child created a grave risk of harm on return. The judge also rejected a request to reopen proceedings after witnesses changed parts of their accounts, continuing to credit the mother's testimony and other evidence. This treaty procedure decides whether to return a child, not which parent should ultimately have custody. Return may be refused for a grave risk of physical or psychological harm, or an intolerable situation. Federal law requires the parent invoking that exception to prove it by clear and convincing evidence. The father will challenge whether this record meets that demanding standard. The mother will defend the judge's findings and assessment of credibility.

Mene v. Sokola (No. 25-1792) — U.S. Court of Appeals for the Second Circuit, argued October 21, 2026.