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1 James D. Garbolino, Taglieri v. Monasky (Case Analysis) 1 (2018)

handle is hein.congcourts/fjctm0001 and id is 1 raw text is: 





Commentary: Appellate Court Cases


Taglieri v. Monasky,   No. 16-4128,  2018  U.S. App.  LEXIS  29178  (6th Cir. Oct.
17, 2018)

                                     Habitual  Residence   I Infants
      Other Sixth Circuit Cases

  Moreno v. Zank,                    This case  addressed  what standard  should be
  895 F.3d 917 (6th Cir. 2018)   used to determine the habitual   residence of an in-
                                     fant who has lived in only one location prior to the
  Ahmed v. Ahmed,                    its wrongful removal. Father petitioned for return
  867 F.3d 682 (6th Cir. 2017)   of his six-week-old child   to Italy, where child was

  Pliego v. Hayes,                   born  and  had  lived exclusively before mother
  843 F.3d 226 (6th Cir. 2016)   wrongfully removed the child to   the United States.

  Jenkins v. Jenkins,                Facts
  569 F.3d 549 (6th Cir. 2009)

  Simcox v. Simcox,             In 2011, father, an Italian   citizen studying at the
  511 F.3d 594 (6th Cir. 2007)   University of   Illinois, met and married mother, also
                                     a student at that university. In 2013, the couple
  Robert v. Tesson,              decided to move to Italy for   their careers. Father
  507 F.3d 981 (6th Cir. 2007)   was licensed to practice medicine in Italy, and

  Taveras v. Taveraz,            mother received two fellowships for further   study
  477 F.3d 767 (6th Cir. 2007)  in Italy. Father moved to Italy first,   in February
                                     2013;  mother later followed. Before her move,
  March v. Levine,                   mother sent an email to father indicating that she
  249 F.3d 462 (6th Cir. 2001)   did not believe [the fact   that we are moving  to

  Sinclair v. Sinclair,          Milan or Rome] means we are done with the US
  121 F.3d 709 (6th Cir. 1997)  [for good].

  Friedrich v. Friedrich (Friedrich      R Mother became pregnant in May 2014. Father be-
                                     came  sexually and physically abusive. The parties'

  In re Prevot,                      relationship deteriorated, and they discussed di-
  59 F.3d 556i(6th Cir. 1995)    vorce. Mother applied for   U.S. jobs but also made
                                     Splans to have the  child in Italy. After one of
  98Frdc 139 F  ih  idrch  3) mother's pregnancy check-ups in mid-February,
                                     she began  having contractions. Father remained

                                     at the parties' apartment while she took a taxi to
the hospital. Their versions of why father did not immediately join mother conflicted. Fa-
ther arrived at the hospital later for the birth. The child was delivered by emergency cae-
sarean section. After the birth, father returned to the parties' apartment, and mother went
to a residence in Basiglio, a suburb of Milan. The parties briefly reconciled but separated
shortly thereafter due to arguments and  father's alleged threats of physical harm to
mother.

On  April 15, 2015, mother left for the United States with the parties' six-week-old child.
Various factors influenced mother's  eventual move  back  to the United  States-her


Commentary-  Taglieri v. Monasky


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