Dissecting Monasky v. Taglieri: the U.S. Supreme Court’s new standard for Habitual Residence under the 1980 Hague Child Abduction Convention

November 17, 2020 | 5:30 PM

The Washington Foreign Law Society

Presents

Dissecting Monasky v. Taglieri: the U.S. Supreme Court’s new standard for Habitual Residence under the 1980 Hague Child Abduction Convention

 Tuesday, November 17, 2020
from 5:30 until 6:30 pm ET

– This event is co-sponsored by the George Washington University School of Law –

Live discussion will be held via ZOOM Webinar

The 1980 Hague Child Abduction Convention was ratified by the United States in 1988 and aims to ensure the prompt return of children who were wrongfully removed from or retained outside of their habitual residence.  The term “habitual residence,” which is not defined in the treaty itself, was recently given context in the U.S. Supreme Court case of Monasky v. Taglieri, decided on February 25, 2020.  Courts are now starting to apply this new standard.

Expert panelists will discuss the Supreme Court’s standard for habitual residence, analyze the trends seen in court decisions since its handing down, and discuss the impact on future cases in the United States

Monasky v. Taglieri may be found at this link.

 

Moderator: Melissa A. Kucinski, Attorney, MK Family Law, PLLC, Washington, D.C.

Panelists:

  • Richard Min, Attorney, Burger Green & Min, LLP, New York, NY
  • Jonathan Lounsberry, Attorney, The Stevens Firm, PA, Spartanburg, SC

Melissa A. Kucinski

Melissa is a private practice attorney and mediator, based in Washington, D.C.  She is a former consultant for The Hague Conference on Private International Law in the Netherlands.  She also serves as an adjunct law professor at The George Washington University School of Law, having taught its international family law course since 2010.  Her practice focuses on resolving complex multi-jurisdictional family law cases.  She routinely lectures and trains on international custody issues and cross-border mediation.  In 2019, she was a guest of the Japanese Ministry of Foreign Affairs to present on mediation in honor of Japan’s 5th anniversary of ratifying the Hague Abduction Convention.  She has served on several U.S. and international delegations to meetings overseas and chaired a mediation task force for International Social Service in Geneva, Switzerland.

Richard Min

Richard is a partner with Burger Green & Min in New York, NY.  He focuses exclusively on family law and has significant experience working on cases that involve international parental child abduction and cross-border custody issues.  He has extensive trial experience in federal courts across the United States, having litigated child abduction cases in over half a dozen states, and before the Second and Ninth Circuit Courts of Appeals.  His cases are frequently cited and discussed in the legal academic community.  He routinely teaches legal education courses, authors articles on the topic and has hosted foreign delegations to discuss implementation of the Hague Abduction Convention.  He is a fellow of the International Academy of Family Lawyers (“IAFL”) and authored a section of the IAFL Amicus Brief submitted to the U.S. Supreme Court in Monasky v. Taglieri.

Jonathan Lounsberry

Jonathan Lounsberry is a skilled family law practitioner in South Carolina, where he handles complex family law cases.  He regularly represents clients in state and federal court in matters involving multi-jurisdictional/cross-border custody issues and the 1980 Hague Convention.  Jonathan routinely presents on the practice of family law and the use technology in litigation and trial, as well as authoring several publications on the same subjects.  He is a fellow of the International Academy of Family Lawyers, maintains an AV rating by Martindale Hubbell, and has been named a Rising Star by Super Lawyers in 2019 and 2020.

 

 

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