Tuesday, May 18, 2010

Abbott: Supreme Court Decision on International Child Abduction Issues

The SCOTUS has decided, 6-3, in Abbott v. Abbott, a lingering issue in international child custody abduction cases. Only a parent with a "right of custody" can invoke the Hague Convention to compel the return of the child. Lower Federal courts have disagreed as to whether a parent with only "visitation" rights, but with a "ne exeat" order (forbidding the removal of the child from that country) could request return of the child under the Convention. The Supremes (or at least six of them) say that he can.

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