BACK TO News
June 20, 2019

A DV LEAP Client Has Been Granted Cert In Front Of SCOTUS!

Thanks to the excellent advocacy of our pro-bono partners at Gibson Dunn & Crutcher LLP, a DV LEAP client has been granted certiorari from the Supreme Court of the United States. This means that SCOTUS has agreed to hear our client's case.

This is the first time in DV LEAP history that we have been granted certiorari in front of SCOTUS! SCOTUS only grants certiorari to about 1% of all the petitions they see each year. DV LEAP is extremely excited for this opportunity to create change!

A special thank you to Gibson Dunn attorneys: Charlotte Lawson, Amir Tayrani, Claire Chapla, Kellam Conover, Shannon Han and Melanie Katsur!

Background on the case:

This case came to DV LEAP in 2016 and with the help of Gibson Dunn has progressed from the 6th Circuit to SCOTUS in 2019.

The central issue for Ashley*, an American, was whether she was wrong to return to the U.S. with her newborn baby when fleeing her abusive Italian husband in Italy. The legal issue is whether a federal district court correctly ruled that the Hague Abduction Convention required the return of her then-toddler (at 18 months) to a father and country she had virtually never lived in. In particular, can a newborn baby be deemed to have a country of “habitual residence” (when they’ve never lived anywhere yet), which is the required predicate for a return order under the Hague Convention.  

This matters hugely to Ashley and mothers like her; she has hardly been permitted to see her daughter since she was sent to Italy; and the Italian courts have not even been willing to hold a hearing to address her parental rights.  

There is also a second issue in the case concerning how much deference appeals courts should give to trial courts’ decisions of this sort.


Read the petition for a writ of certiorari here: https://www.supremecourt.gov/…/20190115135920078_Monasky%20…

Stay tuned to see what happens!


*pseudonym

Other News

April 6, 2020

Jones Day Pro Bono Team’s Relentless Fight for Justice

One of our superstar pro bono teams at Jones Day has once again gone above and beyond in its advocacy on behalf of family violence survivors.
Show full post
April 6, 2020

DV LEAP Proudly Files its First Brief in the state of Mississippi!

DV LEAP is proud to expand its appellate support of family abuse survivors to include Mississippi, our 22nd state, where we recently filed an amicus brief on behalf
Show full post