Today (25 February 2020), the US Supreme Court delivered its Opinion in the case Monasky v. Taglieri. This decision is available here.
Two of the main takeaways are:
- A child’s habitual residence depends on the totality of the circumstances specific to the case, not on categorical requirements such as an actual agreement between the parents.
- A first-instance habitual-residence determination is subject to deferential appellate review for clear error.