Abbott v. Abbott
2010 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Abbott v. Abbott, 560 U.S. 1 (2010), was a decision by the Supreme Court of the United States holding that a parent's ne exeat right (in this case: the right to prevent a child to leave the country) is a "right to custody" under the Hague Convention on the Civil Aspects of International Child Abduction and the US International Child Abduction Remedies Act.[1] The child thus should have been returned to Chile, the country of "habitual residence" because the mother violated the ne exeat right of the father when taking the child to the United States without the father's consent.
Quick Facts Abbott v. Abbott, Argued January 12, 2010 Decided May 17, 2010 ...
Abbott v. Abbott | |
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Argued January 12, 2010 Decided May 17, 2010 | |
Full case name | Timothy Mark Cameron Abbott, Petitioner v. Jacquelyn Vaye Abbott |
Docket no. | 08-645 |
Citations | 560 U.S. 1 (more) 130 S. Ct. 1983; 176 L. Ed. 2d 789 |
Argument | Oral argument |
Case history | |
Prior | 495 F. Supp. 2d 635 (W.D. Tex. 2007); affirmed, 542 F.3d 1081 (5th Cir. 2008); cert. granted, 557 U.S. 933 (2009). |
Procedural | Writ of certiorari to the Fifth Circuit Court of Appeals. |
Holding | |
A parent's ne exeat right is a right to custody under Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act. | |
Court membership | |
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Case opinions | |
Majority | Kennedy, joined by Roberts, Scalia, Ginsburg, Alito, Sotomayor |
Dissent | Stevens, joined by Thomas, Breyer |
Laws applied | |
42 U.S.C. § 11601 et seq. |
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