Case Update (18 Feb 2022): Kenny v. Davis; habitual residence under Hague Abduction Convention

Abduction

Mar 3

In an unpublished Ninth Circuit opinion, the court affirmed the denial of Mr. Kenny's petition to return his son from Alaska to Ireland using the Hague Abduction Convention. The trial judge found that the United States, and not Ireland, was the minor child's habitual residence based on a totality-of-the-circumstances. In this particular case, Kenny, Davis, and their son traveled to Alaska after Mr. Kenny's father sold the Irish business for which he was working. Ms. Davis began working at her mother's business in Alaska, Mr. Kenny applied for Legal Permanent Resident status and work authorization, and he explored options to work as a real estate agent in Alaska. Ms. Davis researched Alaskan apartments for the family after Mr. Kenny got into a fight with her brother and the brother expelled them from the parents' home.

Mr. Kenny argued an older standard for habitual residence, apparently unaware that in 2020, the U.S. Supreme Court clarified the standard in the case of Monasky v. Taglieri.

Melissa Kucinski

Melissa Kucinski works with family lawyers to strategically resolve their clients’ complex international cases. A fellow of the AAML, the IAFL, and chair of international family law committees in the American Bar and New York State Bar Associations, Melissa is a respected colleague to have on any legal team. A former consultant for the Hague Conference on Private International Law, member of the Uniform Law Commission’s Joint Editorial Board on Uniform Family Laws, and member of the U.S. Secretary of State’s Advisory Committee on Private International Law, Melissa maintains a robust network to help her clients in international disputes.

https://mkfamily.law/