Monasky vs. Taglieri: Supreme Court Rules Against American Mother Claiming Abuse, Hague Convention Violations Against Daughter’s Italian Father

Almost nothing could likely be worse for a parent than the prospect of parting ways from their young child by thousands of miles and vast seas. Indeed, for probably almost all parents, the idea of needing to hop aboard a plane just to see their own child is petrifying – a nightmare to say the least. However, the truth is that child abductions and disagreements between parents residing in different countries – even different continents – can and do happen, and children are often caught in a limbo between their parents’ preferred residences. Worse still, some cases involve abuse or other crimes on the part of the parent who has detained or taken the child, creating a nearly impossible situation for the other parent across the world. Unfortunately, such was the case for American mother Michelle Monasky when she left her husband, and the father of their young daughter, in Italy to flee the United States with their young daughter.

Mother Suffering Domestic Violence in Italy Flees for U.S. with Young Daughter

Michelle Monasky emailed her husband Domenico Taglieri that she wanted a divorce in February, 2015. Even after having their young daughter, Monasky was subjected to an ongoing cycle of abuse. Taglieri worked 165 miles away, but returned to Monasky’s residence in Italy for weekend visits full of abuse and violence. When Monasky and Taglieri’s daughter was 6 weeks old, Monasky took her to a home for battered women. Monasky then obtained a United States passport for her daughter  and fled Italy with her to the United States.

A Nightmare Legal Battle and Shocking Court Ruling

Lower courts held against Michelle Monasky in the international child custody dispute between her and Taglieri that followed, under the international law the Hague Convention on the Aspects of International Child Abduction. The case ultimately went all the way to the United States Supreme Court and a ruling was issued on February 25, 2020. Perhaps surprisingly to some, although Monasky detailed the abuse she suffered at the hands of Taglieri – including the fact that she became impregnanted with their daughter as a result of a rape – the Supreme Court Ruled against her 9-0. Discarding Monasky’s argument that an agreement needed to be made in order to determine a child’s “habitual residence” for the purposes of the Hague Convention, the Court held, “A child’s habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction depends on the totality of the circumstances specific to the case, not on categorical requirements such as an actual agreement between the parents.”

If you need legal assistance with your international child custody case in Chicago, contact the experienced Chicago International Family Law Hague Convention Lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC. The experienced Chicago International Family Law Hague Convention lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC offer a free and confidential consultation to learn about your case and to see if they can help fight for you and your family. Contact Birnbaum Gelfman Sharma & Arnoux, LLC and speak with an experienced lawyer today about your case today

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