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Narkis Golan’s Story

Even from a young age Narkis Golan, who grew up in a Jewish community in Brooklyn, believed in standing up for those she considered to be underdogs. Her sister Morin Golan remembers Narkis as a strong-willed and compassionate child who once brought home a hamster that only had one eye because she was worried that nobody else would want it. Narkis was bold and brave, and when she was 25 she agreed to marry an Italian man whom she had met at a wedding the year before. He wanted her to start a family with him in Italy. They married in Israel in 2015 and then moved to Italy.

Almost immediately after the wedding, Narkis’ new husband began abusing her. For three years, Narkis was the target of her husband’s incredibly angry outbursts. She suffered horrible physical, sexual, and psychological abuse, including abuse that occurred while she was pregnant with her son, B.A.S, and later while B.A.S. was present in the apartment. Summoning incredible strength and bravery, Narkis sought help in Italy multiple times but was never able to get the protection and assistance she needed. Again summoning that same strength and bravery, and understanding that both she and her young son faced grave risk if they were to continue living with her violent husband, Narkis and B.A.S. fled Italy in 2018 and sought safety and security in the Brooklyn community where she was raised. But instead of being allowed to protect her son, Narkis’ courageous journey home to the U.S. marked the beginning of a grueling four-year battle in the U.S. court system in which her son’s safety was constantly in jeopardy.

After Ms. Golan fled to New York, her husband filed a petition seeking an order to return their son to Italy pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”). In January 2019, before the Eastern District of New York, Ms. Golan’s pro bono legal team laid out a chilling and irrefutable record of domestic violence. The team focused on proving the Hague Convention’s Article 13(b) “grave risk” exception to return. The District Court found that the child would face a grave risk of harm if returned to Italy, but nonetheless ordered his return pursuant to a number of so-called ameliorative measures, which the Court was obliged to consider under then-Second Circuit precedent requiring the court to “examine the full range of options that might make possible the safe return of a child” even after grave risk has been established. Because of a Circuit split in the way ameliorative measures are treated, the U.S. Supreme Court agreed to hear the case.

In 2022, Ms. Golan and her legal team were successful in setting a new precedent: in a unanimous opinion authored by Justice Sotomayor, the Supreme Court found in favor of Ms. Golan’s legal argument, holding that a court is not “categorical[ly] require[d]” to “consider all possible ameliorative measures” before denying a Hague Convention petition for return of a child where it has already found that return would expose the child to a grave risk of harm. Golan v. Saada, 142 S. Ct. 1880, 1893 (2022). The Court also noted that there may be certain grave risks that might preclude consideration of ameliorative measures altogether, including abuse of a child, serious neglect, or domestic violence.  The decision is a huge victory for survivors of domestic violence who flee to the U.S. with their children.

Unfortunately, the Supreme Court remanded the case to the U.S. District Court for further consideration of the ameliorative measures determination in light of the Court’s decision. On remand, the District Court decided again that Narkis’ son should be forced to return to Italy. During the appeal of that decision, Narkis tragically passed away.

After Narkis’ death, her sister Morin Golan stepped into her shoes and took custody of her son. In January of 2024, the U.S. District Court finally recognized that returning Narkis’ son to Italy was a grave risk that could not be mitigated. Over five years after Narkis left Italy and over two years after her death, the Hague Petition for return was finally denied. Her son is safely in the US with Ms. Golan’s family.

“Narkis harnessed a strength that is unimaginable.”
– Morin Golan, Narkis’ sister

Through Narkis’ passion, courage, and resilience, she created real and lasting change to help survivors who follow in her footsteps. In fact, soon after her case was decided at the Supreme Court, lower courts began citing it in decisions that found in favor of survivor-mothers seeking protection. This is her legacy, forged by a boundless love for her son and a selfless determination to help others.