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Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

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International Child Abduction

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  • GF-150 Uniform Child Custody Jurisdiction and Enforcement Act Affidavit PDF
  • DAB-150 Unofficial, Alternate UCCJEA Affidavit (created by Attorney Blumberg) F-PDF
  • GF-177 Affidavit to Seal Identifying Information in a Child Custody ProceedingPDF
  • GF-178 Disclosure of Sealed Identifying Info in a Child Custody Proceeding PDF
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News Flash

Supreme Court Sets Standard for ‘Habitual Residence’ in Hague Cases.

On February 25, 2020, the U.S. Supreme Court issued its decision in Monasky v. Taglieri, a Hague Abduction Convention case. The decision by Justice Ginsburg lays out (1) how to determine a child’s ‘habitual residence’ and whether a child could even have a ‘habitual residence’ when her parents hadn’t agreed on where the child was to live, and (2) the standard for appellate review of such determinations.
On the main question, the court held 7-2 that the determination requires a fact-driven inquiry into the totality of the circumstances specific to each case. It rejected the proposition that there were any categorical requirements, such as an actual agreement between the parents.
As to the standard of review on appeal, the court unanimously rejected a de novo standard (thus overruling the holding of 7 circuits) and held 8-1 that the standard was whether the trial court had made a “clear error.”
As to the trial court’s basic order to return the child to Italy, the justices all agreed to end the case by affirming it outright and not to remand for further proceedings. That leaves the child’s fate entirely in the hands of Italy’s courts.

  • Click here to read the full decision.
  • Click here to read the briefs and the lower court decisions.

[Prior News Flashes]

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Law Office of David A. Blumberg
1860 W. Woodbury Lane
Glendale, WI 53209

Phone: 414-815-0447
Toll Free: 877-9-UCCJEA
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