Domenico Taglieri v. Michelle Monasky
Court of Appeals for the Sixth Circuit
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.…
1ConcurrenceBoggs, Circuit Judge
I join the majority opinion and concur in its conclusion that the habitual residency inquiry is a question of fact and that the district court made no clear error in its factual findings in this case. I take issue, however, with the characterization that all Hague Convention cases are to be governed by a strict two-part test attributed to our recent case, Ahmed .
For cases such as this one, there exists a simple standard consistent with precedent: absent unusual circumstances, where a child has resided exclusively in a single country, especially with both parents, that country is the child's…
Also in this document: Dissent · Moore; Dissent · Stranch.
2Cases cited36 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Chafin v. ChafinSupreme Court of the United States · 2013
- Robert v. TessonCourt of Appeals for the Sixth Circuit · 2007
- Williams v. MehraCourt of Appeals for the Sixth Circuit · 1999
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