WASHINGTON—A young child born in Italy to an American mother and an Italian father who split up soon after her birth should remain in her father’s custody in that country because it’s considered her habitual residence, the Supreme Court decided.
In a unanimous opinion written by Justice Ruth Bader Ginsburg that was released Feb. 25, in a case cited as Monasky v. Taglieri, the nation’s highest court interpreted an international treaty and upheld lower court rulings determining she was a resident of Italy based “on the totality of the circumstances specific to the case.”