With a majority opinion by Justice Ginsburg, the US Supreme Court addressed the long-standing federal circuit split on the standard for determination of habitual residence under the Hague Child Abduction Convention in Monasky v. Taglieri, 589 U.S. ___ (2020). The Court held that "a child's habitual residence depends on the totality of the circumstances specific to the case," rejecting the argument that proof of an actual agreement between the parents is necessary to establish an infant's habitual residence. In addition, the opinion clarified that determinations by the lower courts are subject to "deferential review for clear error."

Seven Justices voted with the majority, with short opinions by Justice Thomas and Justice Alito concurring in part (and in the judgment) but taking different approaches to the broader question of treaty interpretation.