Supreme Court Child Custody Case Could Have Worldwide Repercussions

by admin on December 16, 2019

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The US Supreme Court is currently hearing a case that could have massive repercussions for child custody battles worldwide.

The case in question an American mother, an Italian father, and their baby.

After two years of being married to Domenico Taglieri, Michelle Monasky moved to his homeland in Italy where she got pregnant.

The two’s marriage started deteriorating after the pregnancy, however. Monasky says Taglieri physically and sexually abused her.

In 2015, Monasky left Taglieri and moved back to the US with their baby.

Taglieri used the Hague Convention Treaty on Child Abduction to petition the US to return his and Monasky’s child to Italy.

The Hague Convention was created to resolve child custody disputes where one parent takes their child to another country without the permission of the other parent.

Essentially, the law states that custody battles must be carried out in the country of the child’s “habitual residence”, which in this case is Italy.

Thailand is not only a signatory of the Hague Convention, but has also incorporated major provisions of the treaty into its domestic law.

An Ohio court ruled that the couple’s child must be returned to Italy for custody to be determined there.

At the same time, Taglieri successfully petitioned Italian courts to terminate Monasky’s parental rights.

Monasky argued that the standard of “habitual residence” should be re-viewed after her court appeals and argues that context should be considered in Hague Convention cases when it comes to determining “habitual residence”.

Justice Stephen Breyer seemed to echo the same sentiment.

“This is family law. You know, families differ. There are vast differences,” Breyer said. “And don’t treat these words ‘habitual residence’ as if it’s like a black-letter tax code. They’re more like a factual matter.”

Read the full story here.

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