The US Supreme Court case on the determination of habitual residence under the Child Abduction Convention has been decided – the judgment of Monasky v. Taglieri is now available!


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.