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

On November 17th, the Washington Foreign Law Society hosted a webinar on the Supreme Court case of Monasky v. Taglieri. The event was moderated by Ms. Melissa Kucinski (MK Family Law, PLLC, Washington, D.C.) and featured contributions by Mr. Richard Min (Burger Green & Min, LLP, New York, NY) and Mr. Jonathan Lounsberry (The Stevens Firm, P.A., Spartanburg, SC).

Mr. Lounsberry and Mr. Min went over the facts of the case, involving a dispute over the custody of an infant child, and outlined the questions addressed by the Court. The panelists then discussed the Court’s holding that an actual agreement is not necessary to establish an infant’s habitual residence, which put to rest diverging Circuit Court interpretations and constitutes a shift from a parent-centric approach in the determination of the notion of ‘habitual residence’. Mr. Lounsberry and Mr. Min highlighted critical aspects of the ruling and of briefs submitted by amici curiae.

The Washington Foreign Law Society wishes to thank Ms. Kucinski, Mr. Lounsberry and Mr. Min for their kind contribution.

 

Posted November 17, 2020 in: Uncategorized