Bloomberg Law
Dec. 11, 2019, 6:39 PM

Justices Struggle With Child Abduction Treaty Case

Heather Saltz

The justices of the U.S. Supreme Court struggled during oral argument with the standard for deciding under the Hague Convention what country should be able to determine where an infant in the middle of a custody battle should reside.

The parties, divorcing parents in an international custody battle, seek clarification about the application of the term “habitual residence” under the Hague Convention on the Civil Aspects of International Child Abductions.

The residence of a child is key in determining what nation’s law governs custodial or access rights and whether the Hague Convention is applicable.
The Hague Convention is a treaty ...

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