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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.
Two Legal Officer positions are open at HCCH
This week the Hague Conference on Private International Law (HCCH) announced that there are two Legal Officer vacancies and noted that their “duties will include general assistance in various areas of the work programme of the HCCH as determined by the Council on General Affairs and Policy (CGAP). Areas of priority include international commercial litigation / civil procedure and child support (maintenance) matters.”
The deadline for applications is Wednesday 25 March 2020 (12.00 a.m. CET).
More information is available here.
Internship applications are now open at HCCH
The Permanent Bureau of the Hague Conference on Private International Law (HCCH, head office in The Hague, the Netherlands) is seeking legal interns for the period July to December 2020. Applications are now open!
The deadline for applications is Friday 27 March 2020 (18:00 CET).
More information is available here.