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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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