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10 Wake Forest L. Rev. Online 1 (2020)

handle is hein.journals/wflron10 and id is 1 raw text is: WHO SAYS YOU CAN'T GO HOME: DETERMINING THE HABITUAL RESIDENCE OF INFANTS UNDER THE HAGUE CONVENTION Caroline Hamilton* I. INTRODUCTION After a tumultuous marriage and a difficult pregnancy, Michelle Monasky wanted out of her relationship and out of Italy. Eight weeks after the birth of her daughter, Monasky abducted her baby and returned to her hometown of Painesville, Ohio. Domenico Taglieri, Monasky's husband and father of their child, was left behind in Italy. Taglieri availed himself of the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), a multilateral treaty designed to combat international parental child abduction. From these facts followed years of litigation in federal court, which resulted in their baby (who will turn five years old in February 2020) being returned to Italy with her father. Presently, the mother's quest to return her child to the United States continues. Following an en banc decision from the United States Court of Appeals for the Sixth Circuit, which issued a splintered opinion,1 Monasky filed for a writ of certiorari with the United States Supreme Court, which was granted, and the Court held oral arguments on December 11, 2019.2 The underlying litigation in the Taglieri case provides a fascinating peek into the application of the Hague Convention to international parental child abduction cases.3 International parental child abduction is not uncommon when an international relationship * J.D. Candidate 2020, Wake Forest University School of Law. Politics and Government and Economics, B.A. Ohio Wesleyan University. I would like to thank my family and friends for their support throughout law school and the writing of this Article. Particular thanks to my parents Amy and Rick Hamilton, who inspired me to want to become an attorney. I am forever grateful for their constant love and support. 1. Taglieri v. Monasky (Taglieri II), 907 F. 3d 404 (6th Cir. 2018) (en banc) 2. See Amy Howe, Argument Analysis: Justices Debate Determination of Habitual Residence for Infants in International Custody Cases, SCOTUSBLOG (Dec. 11, 2019, 4:29 PM), httjs://www.scotusblog.com/2019/12/argument- analysis -justices -debate-determination-of-habitual-residence-for-infants -in- international-child-custody-cases. 3. The Sixth Circuit's en banc decision highlights not only the different reasoning and approaches taken by the eighteen judges who decided this case, but also the divergent approaches adopted by sister circuits in dealing with similar cases. 1

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