US Supreme Court “aligns” with treaty partners in international child custody dispute - qz.com

Excerpts from article:

...The US Supreme Court unanimously affirmed on Tuesday lower court rulings that a kid at the center of an international custody dispute-ruled by the Hague Convention on the Civil Aspects of International Child Abduction-is rightly in Italy.

...The child, known only as AMT in court documents, is now 5 years old and has been in Italy for years.

...The trial court found AMT belonged in Italy and a federal appeals court found no error in the ruling that the child's habitual residence wasn't the US.The Supreme Court, in an opinion by justice Ruth Bader Ginsburg, agreed.

...Ginsburg disputed Monasky's claims that lower courts mistakenly concluded Italy was the child's habitual residence despite the parents having no explicit agreement on the matter.

...Courts around the world in countries that are treaty signatories haven't imposed any agreement requirement like the one Monasky proposed.

Submitted 1520 days ago


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