A team of Proskauer attorneys, on behalf of 12 leading non-profit organizations specializing in advocacy for victims of domestic violence, drafted an amicus brief in support of a mother seeking to uphold a district court’s determination that her child would be subject to a grave risk of harm were he to be returned to his country of residence with his father.  The respondent and her minor child, K.D., fled French St. Martin to the United States to escape abuse at the hands of K.D.’s father.  In response to a petition filed under the Hague Convention by the child’s father, Judge Vincent L. Briccetti of the Southern District of New York determined that the minor child could not safely be returned to his home country with his father.  The father appealed to the Second Circuit.

Proskauer’s brief focused on the dangers of psychological abuse in intimate relationships and the potential for such abuse to escalate and lead to violence.  The petitioner (the minor child’s father) contended that the allegations of psychological abuse were not significant enough to show a grave risk of harm under the Hague Convention, which is the standard the respondent had to meet in order to keep her minor child from being returned.  While the district court declined to adopt such reasoning, amici ushered social science evidence for the appeal, showing that psychological abuse is just as traumatic as physical abuse for intimate partners and their children.

In this case, the father’s behavior closely followed a classic abusive pattern known as coercive control, where an abuser exerts pervasive control over all aspects of his or her victims’ lives through the use of psychological abuse punctuated by incidents of physical violence.  Dr. Jacquelyn Campbell, the leading authority on intimate partner violence, signed on to Proskauer’s brief, which addressed Campbell’s ‘Danger Assessment’ to demonstrate that the father’s conduct was indicative of a high potential for physical violence towards K.D. and the respondent.  The child in this case would have been subject to a grave risk of physical and psychological harm if returned to his country of habitual residence.

Following oral argument in mid-December, the Second Circuit upheld the district court’s determination in a summary order, crediting the respondent’s trial testimony regarding the psychological abuse that she and K.D. experienced.  As for the broader impact of this decision, it is noteworthy that the district court not only credited the psychological abuse at issue, but specifically rejected the notion that this form of abuse was less significant and  could not constitute a grave risk of harm under the Hague Convention.

The Second Circuit’s summary affirmance of this well-reasoned decision is a victory for all victims of domestic violence.

To read our amicus brief please click here.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of James Anderson James Anderson

Jim Anderson is a litigator and trial lawyer. His practice focuses on complex commercial litigation involving leading technology and pharmaceutical companies, as well as private equity, private credit, and venture funds. Jim leverages his technological background and expertise to represent clients in high-stakes…

Jim Anderson is a litigator and trial lawyer. His practice focuses on complex commercial litigation involving leading technology and pharmaceutical companies, as well as private equity, private credit, and venture funds. Jim leverages his technological background and expertise to represent clients in high-stakes business and intellectual property disputes.

Jim has experience litigating cases for clients in the life sciences, biotech, software, consumer electronics, and financial services industries.  Jim has also handled lawsuits for venture and hedge funds, and real estate clients.   He has litigated cases in courts throughout the United States, as well as before the International Trade Commission and Patent Trial and Appeal Board.  He has also represented foreign and domestic companies in disputes before international arbitration tribunals under ICC and CPR Rules.

In addition to his commercial litigation practice, Jim counsels and advises private equity and private credit clients in fund-fund, lender-sponsor, and portfolio company disputes.  Jim leverages his courtroom experience to help these clients navigate regulatory and litigation risks.

Jim also advises clients on intellectual property strategy spanning the full range of patent, trademark, and trade secret protections. He has developed and maintained intellectual property portfolios in a broad range of industries, including consumer products, medical devices, machining and fabrication equipment, and semiconductor devices. Jim is registered to practice before the USPTO.

Jim also maintains an active pro bono practice. He has received awards for his work on behalf of victims of domestic violence and abuse.

Jim has a background in Mechanical Engineering, with a focus on energy, power, and fuel cell technologies. Prior to his career at Proskauer, Jim served as a judicial intern in the U.S. District Court for the District of Connecticut and represented clients with the UConn Intellectual Property and Entrepreneurship Law Clinic.

Photo of William D. Dalsen William D. Dalsen

Will Dalsen is a senior counsel in the Litigation Department. His practice focuses on complex commercial litigation, with a particular emphasis on private credit, private equity, venture capital and hedge funds. Will is highly regarded for his deep knowledge of the private credit…

Will Dalsen is a senior counsel in the Litigation Department. His practice focuses on complex commercial litigation, with a particular emphasis on private credit, private equity, venture capital and hedge funds. Will is highly regarded for his deep knowledge of the private credit fund industry and ability to resolve disputes for both sponsors and portfolio companies. He provides counseling regarding creditor rights, lender liability, sponsor liability, operating company disputes, control rights and regulatory compliance and investigations.

He advises funds, fund sponsors, investment advisers, and institutional and individual investors. In addition, he has represented public and private corporations in contractual disputes, business tort cases, and government investigations.

Will leads all phases of the litigation process, including pre-suit investigations, negotiating discovery disputes and arguing discovery motions, managing expert discovery, preparing and arguing dispositive motions, and preparing witnesses for trial. He has elicited deposition testimony from numerous witnesses on topics ranging from corporate finances to document preservation.

Prior to joining Proskauer, Will served for two years as a law clerk to Judge Susan Phillips Read of the New York State Court of Appeals, drafting bench memoranda and assisting with opinions in a variety of civil and criminal matters. In law school, Will was Editor in Chief of the Wisconsin Law Review and served as a judicial intern to the Honorable Shirley S. Abrahamson, Chief Justice of the Wisconsin Supreme Court.