In Petition of DBH, [2025] CSOH 67, a case concerning protective measures and the grave risk of harm exception to the Hague Abduction Convention, the Outer House, Court of Session, accepted my evidence as to the laws and practices on the State of New York in respect of measures to protect at-risk children and parents.
The Court (Lady Tait) stated:
“Mr Morley was admitted to practise law in the State of New York in 1975 and has practised law there consistently thereafter. His practice focuses on international family law disputes, especially child custody and child abduction issues. His evidence is that there are extremely extensive and effective processes in New York State to protect victims of domestic violence and child abuse. Immediate as well as long-term assistance is available to protect victims, irrespective of their immigration status, income level, gender, race, sexual orientation, or nationality. The available orders include temporary restraining orders, stay-away orders or orders of protection. Such orders could prevent threatening behaviour. The petitioner could be prevented from allowing the children to be exposed to Santo Daime by way of measures within a custody arrangement. Orders can contain strong provisions for mandatory arrest. There is an extensive system of supervised visitation to provide a safe environment for a parent to visit their children under the supervision of responsible overseers to protect children. Were the children to be returned to New York, the authorities and courts could be relied upon to provide effective protection to them and to the respondent in the event that the petitioner were to engage in domestic violence or abuse or were to threaten to do so. These methods were said to be at least as effective as those in the UK.”