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ABBOTT v. ABBOTT

Docket No.: 08-645
Certiorari Granted: Jun 29 2009
Argued: January 12, 2010
Decided: May 17, 2010

Topics:

International Child Abduction Remedies Act, ICARA, International Child Abduction Remedies Act

PartyNames: Timothy Mark Cameron Abbott v. Jacquelyn Vaye Abbott
Petitioner: Timothy Mark Cameron Abbott
Respondent: Jacquelyn Vaye Abbott

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 542 F.3d 1081

Timothy Mark Cameron Abbott
v.
Jacquelyn Vaye Abbott
Background:

The Hague Convention on International Child Abduction requires a country to return a child who has been "wrongfully removed" from his country of habitual residence. Hague Convention art. 12. A "wrongful removal" is one that occurs "in breach of rights of custody." Id. art. 3.

Question Presented:

Whether a ne exeat clause (that is, a clause that prohibits one parent from removing a child from the country without the other parent's consent) confers a "right of custody" within the meaning of the Hague Convention on International Child Abduction.

Question:

Does a clause that prohibits one parent from removing a child from a country without the other parent's consent confer a "right of custody" within the meaning of the Hague Convention on International Child Abduction?

ABBOTT v. ABBOTT
ORAL ARGUMENT

January 12, 2010

Holding: reversed and remanded
Vote: 6-3
Opinion By: Justice Anthony M. Kennedy

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ABBOTT v. ABBOTT
Case Documents

1ABBOTT v. ABBOTT Oral Argument Transcript (HTML)
2Opinion in ABBOTT v. ABBOTT
3ABBOTT v. ABBOTT Oral Argument Transcript (PDF)
4ABBOTT v. ABBOTT Oral Argument Transcript (HTML)
Additional documents for this case are pending review.