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:
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.
first-instance habitual-residence determination is subject to deferential
appellate review for clear error.
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,