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totality of the circumstances

Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky

April 21, 2022

On March 23, 2022, the Court of Appeals of Texas reversed a trial court's order that required the return of two children to Israel. This is the first case I have seen since Monasky v. Taglieri that has overturned the trial judge's finding of habitual residence. Father (a former Israeli … Read More about Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky

Category iconabduction,  Child Abduction,  clear error,  Habitual Residence,  Hague Abduction Convention,  Monasky,  totality of the circumstances

Case Update (2020): Rodriguez v. Fernandez; Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence

January 7, 2021

The Middle District of Tennessee examined the issue of habitual residence in a "retention" case under the 1980 Hague Abduction Convention in Rodriguez v. Fernandez.  In this case, the court weeded through inconsistent testimony taken by remote technology through interpreters and messages that … Read More about Case Update (2020): Rodriguez v. Fernandez; Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence

Category iconacclimatization,  Child Abduction,  Habitual Residence,  Hague Abduction Convention,  removal,  retention,  totality of the circumstances,  wrongful retention

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