Victoria O. Abraham is an associate in the Mergers & Acquisitions group at Skadden, Arps, Slate, Meagher & Flom, LLP and a co-chair of the Above & Beyond Committee on Sanctuary’s Pro Bono Council.
At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Skadden, Arps, Slate, Meagher & Flom, LLP for their dedicated and powerful advocacy on behalf of their client, “Jocelyn Brown” throughout a contentious and complex international abduction case. We are pleased to honor this incredible team consisting of former associates Erin Simmons and Donna Farag, partners Lea Haber Kuck and Pat Rideout, and associates Mackenzie Newman, Christina Pryor, Maria da Silva, Chris Fredmonski, Tamar Lisbona, Caitlyn Cheleden, Joshua Atkinson, Molly Brien, Belinda Huang, Grace Jun and Pippa Hyde.
In December of 2018, a team of attorneys from Skadden took on the representation of Jocelyn Brown (“Ms. Brown”), a mother of three young children, in a case brought by her husband and the children’s father under the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) in the Eastern District of New York. The Hague Convention is an international treaty that provides a mechanism for addressing international child abductions. Under the Hague Convention, if a child is removed without consent from a Hague Convention signatory country to another Hague Convention signatory country, the left-behind parent can file an action in the court system of the country where the children have been removed to. In this case, Ms. Brown had fled from the U.K. to New York with her three children to escape the domestic violence perpetrated by her husband. The children’s father initiated an action in United States District Court, Eastern District of New York demanding the return of the children to the U.K.
Due to the nature of the relief sought, the Skadden team worked tirelessly to defend Ms. Brown from the “abduction” allegations brought against her by her husband. Hague Convention cases are required by law to move quickly through the system and so immediately after Sanctuary contacted Skadden about representing Ms. Brown, the team had to hit the ground running. Under an extremely expedited timeframe, the Skadden team appeared in Court to respond to allegations that Ms. Brown and her family had evaded service. The team also answered the Hague Petition, propounded and responded to discovery requests, engaged a forensic psychologist to interview Ms. Brown and the children and to prepare a report documenting the effects of the domestic violence on the family, and ultimately prepared the case for trial in federal court.
“We had a team of attorneys who pulled together to work under demanding timeframes over the holidays to respond to the Hague Petition that was filed against the client,” said former associate Erin Simmons. “Our team leveraged a wealth of experience and worked around the clock to achieve the best possible outcome for the client and her family.”
According to Erin, Sanctuary’s resources and connections were invaluable in helping the Skadden team prepare for trial:
“Sanctuary is a leading nonprofit in Hague representations for domestic violence survivors and they have significant expertise in this practice area. Sanctuary connected us with the pro bono team from Paul Weiss, also working on a Hague Convention case in the E.D.N.Y, who was instrumental in helping our team navigate the representation. Sanctuary also connected us with a forensic psychologist willing to perform the evaluations under the expedited timeframe set by the federal court. That connection made a tremendous difference in our ability to defend our client.”
“The Hague Convention as drafted and implemented does not provide adequate protection for primary caretaker parents—typically mothers—who come to the United States to protect themselves and their children from dangerous domestic violence perpetrated against them by the left-behind parent,” said Sanctuary Pro Bono Director Nicole Fidler. “For that reason, the expedited nature of the cases, and the high stakes, Hague litigation can be very challenging and I am deeply grateful for our dedicated Hague Convention partner law firms, like Skadden, who take this challenge on without question. The work Skadden did on behalf of Ms. Brown was off the charts.”
The Skadden team benefited directly from partner Lea Haber Kuck’s international legal experience and partner Pat Rideout’s trial experience as well as invaluable contributions from associates Mackenzie Newman, Christina Pryor, Maria da Silva, Chris Fredmonski, Tamar Lisbona and Caitlyn Cheleden and former associates Erin Simmons and Donna Farag, who approached the enormous task of litigating a federal case in three months with confidence and enthusiasm.
On the eve of trial, the Skadden team suggested a mediation and ultimately brokered a favorable settlement that secured the dismissal of the case with prejudice, which means that the case cannot be re-filed, allowing Ms. Brown to remain with her children in New York subject to modest access terms for the children’s father. The settlement also provided for a dismissal with prejudice of a family court case that was pending in the U.K.
Mackenzie Newman said,
“Working with the kids was very rewarding. They were the ones who the whole case was about.”
Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor the outstanding pro bono work by the team from Skadden. You can buy tickets here.
If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.