Anne Catherine Richard v. Eric John Horacius
Immigration Privacy JusticiabilityDoctri
Whether the Eleventh Circuit's habitual-residence analysis conflicts with the Supreme Court's standard in Monasky v. Taglieri by disregarding a child's significant U.S. residence and social ties
I. Whether the Eleventh Circuit’s habitual-residence analysis conflicts with this Court’s standard under Monasky v. Taglieri , by finding that a child’s significant residence and social ties in the United States can be effectively disregarded by a presumption that a short-term visit cannot evolve into a new habitual residence. Monasky v. Taglieri, 589 U.S. 78 (2020). II. Whether the Eleventh Circuit erred by failing to apply a consistent, child-centered standard to the “well-settled” affirmative defense, and whether a trial court has virtually unbounded “equitable discretion” to order a child’s return even after finding that the child is well-settled