Monasky v. Taglieri

The Supreme Court said a child’s habitual residence under the Hague Convention depends on the totality of the circumstances. The case came from an international custody dispute after a mother left Italy for the United States with her infant daughter.

The case was argued on Dec. 11, 2019, and decided on Feb. 25, 2020. The prompt does not provide the vote count or opinion lineup.

The decision affects parents and judges in cross-border custody fights over whether a child must be returned to another country. For example, it matters when an infant is too young to show ties to a place and the parents never clearly agreed where the child would live.

The Supreme Court has finished this case. Lower courts and families in future Hague Convention disputes will apply the Court’s totality-of-the-circumstances approach.

The case asked how courts should decide an infant’s habitual residence under the Hague Convention. It also raised how appellate courts should review that decision.

It affects cross-border custody cases when one parent takes a child to another country. Judges now focus on the child’s real-life situation, especially for very young children.

The Court’s work in this case is over. Lower courts will use this ruling in future Hague Convention return cases involving similar custody disputes.