No. 24-848

Anne Catherine Richard v. Eric John Horacius

Lower Court: Eleventh Circuit
Docketed: 2025-02-10
Status: Denied
Type: Paid
Experienced Counsel
Tags: child-custody circuit-split habitual-residence international-law monasky-standard well-settled-defense
Latest Conference: 2025-04-17
Question Presented (from Petition)

I. Whether the Eleventh Circuit's habitual-residence analysis conflicts with this Court's totality-of-thecircumstances 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

Question Presented (AI Summary)

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

Docket Entries

2025-04-21
Petition DENIED.
2025-03-26
DISTRIBUTED for Conference of 4/17/2025.
2025-02-04
Petition for a writ of certiorari filed. (Response due March 12, 2025)
2024-12-18
Application (24A601) granted by Justice Thomas extending the time to file until February 4, 2025.
2024-12-16
Application (24A601) to extend the time to file a petition for a writ of certiorari from January 5, 2025 to February 19, 2025, submitted to Justice Thomas.

Attorneys

Anne Catherine Richard
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner