Home and Away

 In his October Illinois Bar Journal article, “Home and Away,” Jeffrey Friedman notes how the U.S. Supreme Court’s decision in Monasky v. Taglieri is a major interpretive shift for determining a child’s habitual residence, moving from the previous standard based on parental intent and duration-of-stay to a fact-intensive examination of the child’s societal, community, and familial integration. For what was designed as a jurisdictional exercise under Hague, Friedman shows, Monasky requires hearing copious evidence of a child’s life challenging even the most scrupulous judge to block considerations fundamental to allocation factors from seeping into the juridical subconscious.

 Read the October Illinois Bar Journal’s article, "Home and Away."