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1980 Hague Convention on International Child Abduction: A Resource for Judges

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Update

On February 25, 2020, the United States Supreme Court unanimously decided Monasky v. Taglieri, one of the Court’s most important decisions addressing the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Resolving a two-decade-long circuit split, the Court held that when making findings concerning a child’s habitual residence, courts must look to the totality of circumstances specific to the case under review. On appeal, this finding should be reviewed under a clearly erroneous standard.

To read the FJC case commentary, click here.

To read the Supreme Court opinion, click here.

Overview

This website provides resources to help federal judges adjudicate cases under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The site contains

An introductory video, featuring Judge Jeremy Fogel (former director of the Federal Judicial Center) and Judge James Garbolino, is also available.

The site is continually updated and expanded with additional written materials and videos.

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Monograph

The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges (3d ed. 2023)