Two white whales are the subject of my Captain Ahab diatribes in this space. One concerns an issue of cross-border civil procedure, while the other concerns a rather goofy* interpretation of what the rest of the world views as plain language. I address here the latter of the two: the concept of a child’s habitual residence. Remember those words, friends, because the U.S. Supreme Court held unanimously today that the term habitual residence should be analyzed under a totality-of-the-circumstances test.
In Monasky v. Taglieri, the Court held that a child’s habitual residence depends on the totality of the circumstances specific to the case, not on “categorical requirements.”
Continue Reading Hague Convention Habitual Residence
