Monasky v. Taglieri (U.S. Sup. Ct.)

2020 ◽  
Vol 59 (5) ◽  
pp. 873-887
Author(s):  
Linda Silberman
Keyword(s):  
Hague Convention ◽  
The United States ◽  
Habitual Residence ◽  
Administrative Authority ◽  
Child Abduction ◽  
International Child ◽  
The Supreme Court ◽  
The Hague ◽  
The Hague Convention ◽  
Critical Aspects

The Supreme Court of the United States has decided four cases under the 1980 Hague Convention on the Civil Aspects of the International Child Abduction (hereinafter the Hague Convention), the most recent one coming this term in Monasky v. Taglieri. The Hague Convention, adopted in 101 countries, requires the judicial or administrative authority of a country that is party to the Convention to return a child who has been wrongfully removed or retained to the country of the child's habitual residence.The Convention also provides for a limited number of defenses to return. The obligation of return is a “provisional” remedy, in that the merits of any custody dispute will be determined by a court in the country of habitual residence. One of the most critical aspects of the Convention is this concept of “habitual residence,” which was the issue presented to the Court in Monasky.

scholarly journals Some Moot Points on the 1980 Hague Abduction Convention

2015 ◽  
Vol 46 (3) ◽  
pp. 683
Author(s):  
Nigel Lowe
Keyword(s):  
European Union ◽  
Hague Convention ◽  
Case Law ◽  
The United States ◽  
The European Union ◽  
Habitual Residence ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
The Hague Convention

This article discusses the Hague Convention on the Civil Aspects of International Child Abduction which, despite having been in existence for over 30 years, continues to present a number of uncertainties for Contracting States. The article focuses on the issues around appealing return orders after a child has been taken out of the jurisdiction, the concept of “habitual residence”, and the non-enforcement of return orders with reference to recent case law from the United States, United Kingdom, New Zealand and the European Union. 

scholarly journals Sustracción internacional de menores. Asunto vinculado con Suiza y España. Comentario de la sentencia de la Audiencia Provincial de Pontevedra (Sección 1ª) núm. 52/2018, de 17 de abril = International child abduction. Case related with Switzerland and Spain. Comment on the judgment of the Spanish Court of Appeal of Pontevedra (Section 1) number 52/2018 of 17th April

2019 ◽  
Vol 11 (1) ◽  
pp. 671
Author(s):  
Carmen Azcárraga Monzonís
Keyword(s):  
Hague Convention ◽  
Parental Responsibility ◽  
Habitual Residence ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
A Minor ◽  
The Hague Convention ◽  
Court Of Appeal

Resumen: Sustracción internacional a España de menor residente en Suiza en aplicación del Con­venio de La Haya de 1980 sobre los aspectos civiles de la sustracción internacional de menores. Discre­pancia sobre la residencia habitual del menor. No se aprecian motivos de no retorno.Palabras clave: sustracción internacional de menores, Convenio de La Haya sobre sustracción, Convenio de La Haya sobre responsabilidad parental y protección de menores, residencia habitualAbstract: International abduction to Spain of a minor residing in Switzerland under the Hague Convention on the Civil Aspects of International Child Abduction of 1980. Discrepancy about the habi­tual residence of the minor. No grounds for return denial are appreciated.Keywords: international child abduction, Hague Convention on Child Abduction, Hague Conven­tion on Parental Responsibility and Measures of the Protection of Children, habitual residence

The Hague Convention on Child Abduction of 1980 and Its Implementation in Finland

1997 ◽  
Vol 66 (1) ◽  
pp. 101-166
Author(s):  
Keyword(s):  
Supreme Court ◽  
Hague Convention ◽  
Child Abduction ◽  
International Child ◽  
The Supreme Court ◽  
Protection Of Human Rights ◽  
International Obligations ◽  
The Hague ◽  
The Hague Convention ◽  
Court Of Appeal

AbstractFinland ratified the Hague Convention on the Civil Aspects of International Child Abduction in 1994. The Convention was implemented by making use of the so-called transformation techniques, i.e. by drafting and adopting Finnish internal law provisions deemed to be necessary for the proper implementation of the international obligations under the Hague Convention. The overall aim of the implementation provisions has been to make the practical application of the Convention as effective and speedy as possible and for this purpose to go even further than necessarily required. The most important features of these national arrangements are the following: – The Hague Convention rules on the return of an abducted child have been made retroactive. – Only one court, the Court of Appeal of Helsinki, is competent to receive applications and make orders for the return of children. Besides, an order for the return is always immediately enforceable, unless the Supreme Court, upon appeal, orders the stay of enforcement. – The `fundamental principles' exception in Article 20 of the Convention cannot be invoked against the application in Finnish return proceedings. According to Article 20 the return of the child can be refused where the return would not be permitted by the fundamental principles relating to the protection of human rights and fundamental freedoms of the requested State. The first cases indicate that the retroactive application of the Convention provided by the Finnish Act has been less successful. The courts have shown obvious reluctance towards the ordering of the return in these cases whereas in the `new' cases the Court of Appeal as well as the Supreme Court have generally followed the spirit of the Convention in a loyal manner.

scholarly journals The Hague Convention on the Civil Aspects of International Child Abduction 1980: The New Zealand Courts' Approach to the "Grave Risk" Exception for Victims of Domestic Violence

2018 ◽  
Vol 48 (1) ◽  
pp. 81 ◽  
Author(s):  
Allie Maxwell
Keyword(s):  
Domestic Violence ◽  
New Zealand ◽  
Hague Convention ◽  
Best Interests ◽  
Habitual Residence ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
The Individual ◽  
The Hague Convention

The Hague Convention 1980 was welcomed by the international community to resolve the emerging issue of international child abduction. The Convention is premised on the assumption that all child abduction is inherently harmful. Thus, it is generally in the best interests of children to be returned to the country of habitual residence as expediently as possible, restoring the status quo.Domestic violence victims do not fall within the typical abduction paradigm which the Convention was drafted to remedy. New Zealand courts have adopted a narrow approach to the "grave risk" defence, requiring the abducting party to prove that the country of habitual residence cannot adequately protect the child. This is rarely established due to the influence of the principle of comity. This approach therefore effectively blocks the discretionary inquiry, which only occurs once the defence is established, in which the Convention principles can be weighed against the welfare and best interests of the individual child, a consideration paramount in both domestic and international law. Domestic violence makes it unlikely that return will ever be in the child's welfare and best interests. A change in approach is suggested, under which consideration of the adequacy of the habitual residence's protection laws becomes a relevant consideration in the exercise of discretion. This ensures all considerations are given due regard and the safety of young domestic violence victims is better assured.

10. International Relocation and Child Abduction

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Hague Convention ◽  
International Relocation ◽  
Child Abduction ◽  
International Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Hague ◽  
The Law ◽  
The Hague Convention ◽  
The Eu

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, ie how the English courts have dealt with applications to relocate out of the jurisdiction (eg Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and the EU Regulations (BIIR), but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention.

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