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In December 2013, Simpson Thacher submitted an amicus curiae brief on behalf of the Domestic Violence Legal Empowerment and Appeals Project, the Family Violence Appellate Project, and Professors Shani M. King and Lisa V. Martin in the case of Ermini v. Vittori before the United States Court of Appeals for the Second Circuit.  The amici curiae filed their brief in support of a mother of two opposing a petition to return her children to their father in Italy under the Hague Convention on the Civil Aspects of International Child Abduction.  The district court had denied the petition on the grounds that returning the children would pose a “grave risk” of physical or psychological harm—specifically depriving the youngest child of access to critical treatment for his severe autism.  On behalf of the amici, Simpson Thacher argued that, in addition, the father’s pattern of physical and verbal abuse directed at both his wife and their children presented a second, independent ground for denial of the petition.  In an opinion issued on July 8, 2014, the Second Circuit agreed—not only affirming the district court’s holding regarding the autism treatment but also concluding that the father’s propensity for violence towards his spouse and their children constituted an independent “grave risk.”  It therefore denied the petition for return of the children to Italy.

The Simpson Thacher team included associates Rae Adams and Aidan Grano and was supervised by Rob Smit.