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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.

This would appear to be in line with the case law of other Contracting Parties. We expect to post a more detailed comment shortly. In the meantime, see our previous posts here –  #1, #2 and #3.