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1 1 (2020)

handle is hein.congcourts/fjccmona0001 and id is 1 raw text is: Commentary: Supreme Court Cases Monasky v. Taglieri, 140 S. Ct. 719 (2020) Habitual Residence: Standards for Initial Other Supreme Court Cases Determination and Appellate Review Lozano v. Alvarez, 134 S. Ct. 1224 (2014) The United States Supreme Court resolved a cir- cuit split on the issue of habitual residence and Chafin v. Chafin, set forth the standard for appellate review. 133 S. Ct. 1017 (2013) Abbott v. Abbott, Holdings 560 U.S. 1 (2010) When making a finding concerning habitual resi- dence under the 1980 Hague Convention, courts must look to the totality of the circumstances specific to the case and not to any actual agreement between the parents concerning where to raise the child. A court's determi- nation of habitual residence under the 1980 Hague Convention is subject to a deferential clear-error standard of review. Facts Two years after their marriage in the United States, the mother and father in this case moved to Milan, Italy, for their careers. During their first year in Milan, the couple's rela- tionship deteriorated. The mother became pregnant about one year after they moved to Italy. Shortly thereafter, the father obtained a new job in Lugo, a city about three hours away. The mother remained in Milan. Although she considered returning to the United States, she and the father made preparations to take care of the child in Italy. The couple acquired a larger apartment in Milan, inquired about childcare, and made purchases for the needs of their child in Italy. The child was born in February 2015; shortly after the birth, the mother informed the father that she wanted a divorce and that she planned to return to the United States. Nevertheless, the mother agreed that she and the child would join the father in Lugo. When the child was six weeks old, an argument between the parents precipitated the mother and child's move to a safe house. The mother's written statement to the police reported that the father had abused her and that she feared for her life. Two weeks later, the mother and child left Italy and relocated to Ohio to live with the mother's parents. The father obtained an order from the Italian court terminating the mother's parental rights, and he commenced proceedings in federal court in the United States for the return of the child under the 1980 Hague Convention. Proceedings in the District Court for Northern District of Ohio. The district court granted the father's petition for return of the child to Italy. The court found that the child was too young to become acclimatized and relied on the parents' shared intent to live in Italy. The court noted that the mother had no definite plans to raise the child in the United Commentary-Monasky v. Taglieri Page 1

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