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1 1 (2019)

handle is hein.congcourts/fjctagl0001 and id is 1 raw text is: Commentary: Appellate Court Cases UPDATE: Taglieri v. Monasky, 907 F.3d 404 (6th Cir. 2018) Habitual Residence Other Sixth Circuit Cases Moreno v. Zank, This case addressed what standard should be used 895 F.3d 917 (6th Cir. 2018) to determine the habitual residence of an infant who has lived in only one location prior to the its wrongful Ahmed v. Ahmed, removal. Father petitioned for return of his six- 867 F.3d 682 (6th Cir. 2017) week-old child to Italy, where child was born and Pliego v. Hayes, had lived exclusively before mother wrongfully re- 843 F.3d 226 (6th Cir. 2016) moved the child to the United States. Jenkins v. Jenkins, 569 F.3d 549 (6th Cir. 2009) Simcox v. Simcox, On June 10, 2019, the Supreme Court granted 511 F.3d 594 (6th Cir. 2007) certiorari in this Sixth Circuit en banc decision. On November 4, 2019, the Supreme Court granted Robert v. Tesson, the motion of the solicitor general to participate in 507 F.3d 981 (6th Cir. 2007) oral argument as amicus curiae. Taveras v. Taveraz, 477 F.3d 767 (6th Cir. 2007) Brief Case History March v. Levine, 249 F.3d 462 (6th Cir. 2001) The father, an Italian citizen, and the mother, a U.S. citizen, met at the University of Illinois and Sinclairv. Sinclair, married in 2011. The couple moved to Italy in 121 F.3d 709 (6th Cir. 1997) 2013 to continue with their careers. In 2015, the Friedrich v. Friedrich (Friedrich chl couple's daughter was born in Italy. As a result of 78 F.3d 1060 (6th Cir. 1996) the father's persistent physical abuse, including allegations of rape, the mother left Italy with the In re Prevot, two-month-old child and returned to the United 59 F.3d 556 (6th Cir. 1995) States. An Italian court granted the father's ex Friedrich v. Friedrich (Friedrich )u parte petition to terminate mother's parental 983 F.2d 1396 (6th Cir. 1993) rights. His subsequent petition for return of the child was granted by the district court in Ohio. The Sixth Circuit affirmed the district court's order. The district court's order was subsequently heard and affirmed by the Sixth Circuit en banc. The courts' analyses rested on Ahmed v. Ahmed, finding that because infants are not able to be sufficiently acclimatized to acquire a habitual residence, courts must look to the shared parental intent of the parties to identify the infant's residence. Citing the Hague Convention, the court explained that the question of habitual residence is one of Commentary- UPDATE: Tagieri v. Monasky Page 1

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