Legal Opinion

Domenico Taglieri v. Michelle Monasky

Court of Appeals for the Sixth Circuit

Decided October 17, 2018No. 16-4128PublishedCited by 34 opinions

SUTTON, J., delivered the opinion of the court in which BOGGS, BATCHELDER, COOK, McKEAGUE, KETHLEDGE, THAPAR, BUSH, LARSEN, and NALBANDIAN, JJ., joined. BOGGS, J. (pp. 411-15), delivered a separate concurring opinion in which BATCHELDER, COOK, McKEAGUE, and BUSH, JJ., joined. MOORE, J. (pp. 415-21), delivered a separate dissenting opinion in which COLE, C.J., and CLAY, GIBBONS, GRIFFIN, WHITE, STRANCH, and DONALD, JJ., joined.

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SUTTON, J., delivered the opinion of the court in which BOGGS, BATCHELDER, COOK, McKEAGUE, KETHLEDGE, THAPAR, BUSH, LARSEN, and NALBANDIAN, JJ., joined. BOGGS, J. (pp. 411-15), delivered a separate concurring opinion in which BATCHELDER, COOK, McKEAGUE, and BUSH, JJ., joined. MOORE, J. (pp. 415-21), delivered a separate dissenting opinion in which COLE, C.J., and CLAY, GIBBONS, GRIFFIN, WHITE, STRANCH, and DONALD, JJ., joined. GIBBONS, J. (pp. 421-22), delivered a separate dissenting opinion in which COLE, C.J., and MOORE, CLAY, GRIFFIN, WHITE, and STRANCH, JJ., joined. STRANCH, J. (pp.…

1Opinion of the Court

SUTTON, Circuit Judge.

Domenico Taglieri and Michelle Monasky were married. When the union fell apart, Monasky took A.M.T., their two-month-old daughter, from Italy to the United States. Taglieri filed a petition under the Hague Convention to return A.M.T. to Italy. The district court granted the petition after finding that Italy was A.M.T.'s country of habitual residence. Monasky appealed.

Who wins turns on who decides. The Hague Convention places the child's habitual residence front and center in trying to achieve its goal of discouraging spouses from abducting the children of a once-united…

2Cases cited18 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  3. Robert v. TessonCourt of Appeals for the Sixth Circuit · 2007
  4. Medellin v. TexasSupreme Court of the United States · 2008
  5. United States v. Charles PerryCourt of Appeals for the Sixth Circuit · 1990

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3Cited by34 opinions

  1. Monasky v. TaglieriSupreme Court of the United States · 2020
  2. June Medical Services L. L. C. v. RussoSupreme Court of the United States · 2020
  3. Planned Parenthood of Grt TX v. Courtney PhCourt of Appeals for the Fifth Circuit · 2020
  4. EMW Women's Surgical Center v. Eric FriedlanderCourt of Appeals for the Sixth Circuit · 2020
  5. Vieira v. De SouzaCourt of Appeals for the First Circuit · 2022

29 more not listed; retrieve them via the Exa API.

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