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Z&R Press

News / PublicationsPress2018 Ohio Super Lawyers, November 8, 2018
News / PublicationsPress2018 Ohio Super Lawyers, November 8, 2018

Press and Media

Cleveland Jewish News
International residence case moves to US Supreme Court
June 21, 2019

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

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 | By Beth Taylor

Although the 6th Circuit Court denied family law attorney Andrew Zashin’s appeal in a Hague Convention custody case, the court’s October ruling clarified case law for future Hague matters, and Taglieri v. Monasky may be appealed to the U.S. Supreme Court.

Just getting an en banc hearing by a full circuit court was an accomplishment. “This is only the second en banc Hague Case ever heard before a circuit court of appeals,” says Zashin, co-managing partner at Zashin & Rich. “So this case is extremely noteworthy.”

At issue was the concept of habitual residence—basically, in what country a child at the center of a custody battle belongs. 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. The guiding principle is typically which country seems like home to the child, but other circuits have made exceptions for children too young or mentally disabled to have acclimated to a particular country. Until now, the 6th Circuit had not clarified its stance on cases involving these especially vulnerable children. With this ruling, it has adopted the standard of shared parental intent, based on which country the parents intended the child to grow up in.

“It is the first time the 6th Circuit has clearly articulated the legal standard for the habitual residence of infants and very young children and children with cognitive disabilities,” says Zashin. “Now, litigants, lawyers and—most importantly—judges have guidance on the law and know what standard they should rely on and utilize. There is now certainty on this issue in the 6th Circuit, which now falls in line with the other federal circuits that have ruled on this issue.”

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 alleged domestic abuse and a fight in which they agreed to a divorce. Monasky says Taglieri was aware that she would be leaving Italy. Taglieri, meanwhile, contends they merely had a disagreement, not a discussion of divorce.

Monasky had to stay in Italy until she could get a passport to bring the 8-week-old baby to the United States. 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 appellate team, in addition to Zashin, includes Zashin colleagues Amy Keating, Aiden Taft Grano and Christopher Reynolds; Christopher Baum, Amir Tayrani and Melanie L. Katsur with Gibson Dunn & Crutcher’s Washington, D.C. office; and Joan S. Meier, professor of clinical law at George Washington University Law School. The appeal to a 6th Circuit panel was unsuccessful, and an emergency petition for stay was filed with the U.S. Supreme Court, which declined to take the case, and the baby was sent back to Italy. The legal team then requested a rehearing by the full 6th Circuit.

The two 6th Circuit judges dissenting from the court’s Oct. 17 ruling said the case should have been reviewed based on the standard of shared parental intent, rather than by deferring to the trial court, which issued its ruling before that standard was clarified. This will be the basis of the appeal to the high court.

“The standard used could be the difference between the child remaining in Italy or being potentially returned to the United States,” says Zashin, “and thus, which country has jurisdiction to determine custody.”