“These are basically the two most important cases to be decided by any court in the world regarding this treaty.” “The story is that if the court finds there is a grave risk of harm for the child, the court should not send the child back, full stop.” -Michael Scharf, BakerHostetler Professor of Law, School of Law, Case Western Reserve…
By BECKY RASPE | Cleveland Jewish News Another habitual residence case, Golan v. Saada, involving a local family practice law firm will be heard March 22 by the U.S. Supreme Court in Washington, D.C. The term “habitual residence” is essentially the location where a child has spent most of his or her life, or where he or she has the…
I and my team are back in the Supreme Court of the United States with an epic case that will be heard March 22, 2022. I am proud to say that this is not our first rodeo at the Supreme Court. Golan v. Saada is the fifth 1980 Hague Convention on Child Abduction case ever heard, and it turns on…
In Monasky v. Taglieri, SCOTUS took the opportunity to define “habitual residence” and proclaimed a uniform legal standard for the first time. The decision alters the trajectory of U.S. Hague Convention jurisprudence on this issue. By Amy Keating and Chris Reynolds, Family Lawyers* On December 11, 2019, the United States Supreme Court (SCOTUS) heard oral argument in Monasky v. Taglieri,1…
We are, obviously, disappointed in the outcome of the Supreme Court case Monasky v. Taglieri, especially for its impact upon Michelle Monasky and her daughter. Like all matters before the Supreme Court, however, this case had, and has, implications bigger than the impact on the particular litigants. While our involvement in this case has always been about achieving justice for…