Monasky v. Taglieri Archives - Jackson & Campbell, P.C.

25 Feb 2020 |

SCOTUS Opinion: Infant’s “Habitual Residence” Not Determined by Agreement of the Parents

The Hague Convention requires that a child wrongfully removed from her country of "habitual residence" must be returned to that country. In Monasky v. Taglieri, an infant was born in Italy to an American mother and Italian father. The relationship was abusive, and the mother soon relocated to America, taking the child with her. The father moved to have ... Read More

TAGGED: scotus, SCOTUS opinion, Habitual Residence, Hague Convention, Monasky v. Taglieri, clear error, mixed question of law and fact