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Z&R Press

News / PublicationsPressOhio Super Lawyers, June 19, 2018
News / PublicationsPressOhio Super Lawyers, June 19, 2018

Press and Media

Hollywood Life
Khloe Kardashian and Tristan Thompson’s Custody Case Could Get ‘Very Messy’: Lawyer Explains
February 27, 2019

2018 Ohio Super Lawyers
Cleveland family law attorney Andrew Zashin gets a 6th Circuit ruling that brings consistency to cases involving vulnerable children
November 8, 2018

Case Western Reserve University School of Law
Adjunct Professors Zashin, Keating and Reynolds take on path-breaking Hague Convention Case
June 21, 2018

2018 Ohio Super Lawyers
Family law attorney Andrew Zashin asks the 6th Circuit to bring consistency to cases involving vulnerable children
June 19, 2018

Cleveland Jewish News
Landmark international residence case could impact those making aliyah
June 14, 2018

WJR Detroit – Audio Interview
Attorney Andrew Zashin chats with Guy Gordon to discuss the new Illinois law for dogs when parents are getting a divorce.
January 2, 2018

Cleveland Jewish News
Surrogacy, child custody laws develop as cases arise
November 21, 2017

Smart Business Cleveland
2017 Smart Business Family Business Achievement Awards
September 2017

Crain's Cleveland Business
Ohio Employers Confront Marijuana Use
July 22, 2017

Lake View Cemetery Heritage ReView
Trustee Spotlight: Andrew Zashin
Spring 2017

Sports Illustrated
Lane Johnson's Bold Move To Sue His Own Union Is Rare, But Not Unprecedented
January 11, 2017

Law360
Packers Player Drops NFL Drug Suspension Dispute
December 19, 2016

Sports Business Daily
NFL, NFLPA Appoint Das As Third Arbitrator In Michael Pennel Lawsuit
December 5, 2016

Sports Business Journal
Eagles Lineman Challenges NFL and NFLPA in NLRB Filings
December 5, 2016

Law360
Eagles Lineman Says Suspension Violates Federal Labor Law
November 29, 2016

The Business of Sports with Andrew Brandt
RTAB #30: Lane Johnson's Legal Team (Audio Interview)
November 29, 2016

Cleveland Jewish News
Ohio Woman Receives Orthodox Divorce Decree
January 14, 2016

BNA's Health Law Reporter
Surprise! The NLRB Says You Just Might Be a 'Joint Employer'
September 24, 2015

BNA's Health Law Reporter
NLRB Adopts New Joint Employer Standard; Ruling Could Affect Health-Care Industry
September 3, 2015

BNA's Health Law Reporter
Challenge to NLRB Election Rule Fails; Employers Urged to Prepare New Game Plan
June 11, 2015

American Bar Association Section of Labor and Employment Law
Member Spotlight: George S. Crisci
April 13, 2015

The Plain Dealer
Attorney Goes To Bat for Northeast Ohio
January 18, 2015

Cleveland Jewish News
Profile on Andrew Zashin
January 15, 2015

"Here and Now" National NPR Show - Audio Interview
In A Divorce, Who Gets To Keep The Dog?
December 4, 2014

Crain's - Article and Video
Zashin & Rich embraces Cleveland roots and rock 'n' roll heritage
November 16, 2014

BNA's Health Law Reporter
Justices Reject NLRB Recess Appointments; Significant Health Care Decisions in Limbo
July 10, 2014

BNA's Health Law Reporter
The EEOC and FTC Turn Up the Heat on Employer Background Checks
April 2014

Crain’s
Zashin & Rich move marks big milestone
for E&Y Tower
November 2013

Cleveland.com
Zashin & Rich law firm leases last full floor of Ernst & Young Tower at Flats East Bank project
November 2013

Associated Press
US Claims Father Illegally Moved Kids to Gaza
May 2012

2012 Ohio Super Lawyers
Mentors | Andrew Zashin: Reminiscing About Robert Zashin
January 2012

CCH Employment Law Daily
NLRB NEWS - Controversy Erupts Over NLRB Recess Appointments
January 2012

Huff Post
Divorce's Impact On Small Businesses Can Be 'Immense'
October 2011

The Today Show - Video
Accused Facebook bigamist heads to court
September 2010

MSNBC
Facebook Busts Accused Bigamist - Woman Finds Her Prince Charming Has Married Another
July 2010

WKYC - Article and Video
Cleveland woman discovers husband's 'other' wife via Facebook
July 2010

Cleveland Jewish News
New custody center in Israel is Zashin’s passion
January 1, 2010

Worth Magazine
Top 100 Attorneys 2007
Andrew Zashin

Inside Business Magazine
Connecting Through Separation
Profile on Andrew Zashin
December 2007

Cleveland Jewish News
Valuing and dividing assets at the time of divorce
By Andrew Zashin, Esq.
February 2007

Case School of Law: In Brief
Plugged into Family, the Law, and Cleveland
Alumni Spotlight on Andrew Zashin
Spring 2005

Cleveland Magazine
The Divorcing Woman’s Best Friend
Feature Article Profiling Andrew Zashin
November 2004

Crain’s
Companies should consider coverage against employee-related claims
By Stephen Zashin | July 2004

Crain’s
ADR programs can save dollars and time
By Stephen Zashin | November 2003

COSE Update: Legal Ease
One Size Does Not Fit All
(Employment Practices Liability Insurance)
By Stephen Zashin

COSE Update: Legal Ease
Noncompete Agreements
By Michele Jakubs

COSE Update: Legal Ease
Ohio's 'Baby COBRA' Law
By Helena Oroz

Ohio Super Lawyers

Family law attorney Andrew Zashin asks the 6th Circuit to bring consistency to cases involving vulnerable children

June 19, 2018 | By Beth Taylor

Andrew Zashin is a Fellow of the American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and an Adjunct Professor of Advanced Family Law and International Law at Case Western Reserve University School of Law.

On June 13, Cleveland family law attorney Andrew Zashin drove to Cincinnati for a rare event: an en banc hearing by the 6th Circuit Court in a Hague Convention case. It was the second-ever Hague Convention-related hearing by a full circuit court in the U.S., and the first-ever en banc circuit court hearing on the issue of habitual residence—or what country a child at the center of a custody battle belongs in.

“This is an international treaty that has not been well vetted by our courts. The law is unclear and hasn’t gotten a lot of attention,” says Zashin, co-managing partner at Zashin & Rich, which has offices in Cleveland and Columbus. The Hague Convention on the Civil Aspects of International Child Abduction calls for the return, by member nations, of children wrongfully removed from the country where they were living. “This deals with the most vulnerable people in our society, but it’s not getting the attention it deserves by our courts. So these vulnerable children are subject to these fuzzy interpretations. It’s really unfair and unfortunate. People like us in family law are trying to interpret the treaties and educate courts about what should and needs to be done.”

In Taglieri v. Monasky, Zashin’s client, Michelle Monasky, a U.S. citizen, moved to Italy in 2013 with her Italian-born husband, Domenico Taglieri—whom she had met while they were studying at the University of Illinois at Chicago. Monasky says their marriage was ostensibly over by the time she gave birth to a baby girl in 2015, after instances of alleged domestic abuse and a fight in which they agreed to a divorce. Taglieri, meanwhile, contends they merely had a disagreement three days before the birth, not a discussion of divorce. Monasky intended to return to the U.S., but had to wait until she could get a passport for the 8-week-old baby. Taglieri petitioned under the Hague Convention’s child-custody rules to have the baby returned to Italy, and the U.S. District Court for the Northern District of Ohio agreed with the father.

Monasky’s appeal to a 6th Circuit panel was unsuccessful, and an emergency petition for stay was filed with the U.S. Supreme Court. “We didn’t want the little girl sent back before all her appellate remedies had been exhausted,” Zashin says. But the high court declined to take the case, and the baby was sent back to Italy.

Monasky’s legal team—which, in addition to Zashin, co-managing partner at Zashin & Rich, included Zashin colleagues Amy Keating and Christopher Reynolds—requested the June rehearing by the full 6th Circuit. The central issue, Zashin says, is the matter of habitual residence. The guiding principle behind the 6th Circuit definition boils down to which country seems like home to the child. Other circuits have made exceptions for children who are too young or mentally disabled to have acclimated to a particular country. The 9th Circuit, for instance, in these cases looks at parental intent—where the parents intended to raise the child. Other circuits have adopted a blend of these two philosophies.

“It is difficult, if not impossible, for infants or children with cognitive disabilities to acclimatize to a place—to view a place as ‘home’ and to have indicia of connectivity to a place; as a result, the shared-parental-intent standard makes more sense,” says Zashin. “We are asking the 6th Circuit to be consistent with its sister circuits.”

Zashin contends that both parents in this case were aware that the baby was to be raised in the U.S. because Monasky told Taglieri of her plans to leave Italy shortly, though she had to wait several weeks for her daughter’s passport.

Following oral arguments, Zashin was awaiting the court’s ruling—and said he expected a win.

“First and foremost, we are concerned about the well-being of the young child involved in this case,” says Zashin. “It is important for this young girl to have meaningful contact and a relationship with her mother. On a human level, we think the current situation is not in the child’s best interest.

“On a legal level, we think it’s important to adopt a standard that is consistent with the underlying purposes of the Hague Convention, and that makes sense for very young children and children with cognitive disabilities, to protect these vulnerable children in high-stakes situations. We also think there is value in a consistent legal standard across circuits on this issue to avoid inconsistent results for families.”