Abbott v. Abbott

Supreme Court of the United States

560 U.S. 1 (2010)

May 17, 2010

Under the Hague Convention on International Child Abduction, a parent that retains a "ne exeat" right, or the right to retain someone, including a child, from leaving a country, is considered to have a "right of custody" over that person.

Relevant Facts

Timothy Abbott and Jacquelyn Abbott, both parents of a child, litigated their divorce in a court in Chile. Mrs. Abbott was awarded custody of their son, and Mr. Abbott was awarded visitation rights. The Chilean court then entered an order that prohibited the child’s removal from Chile by either the father or mother without the other’s express mutual consent. After about a year, Mrs. Abbott moved the child out of Chile without Mr. Abbott’s consent. When Mr. Abbott located the child in Texas, he sued in federal district court.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

November 30, 2020

Judicial Opinion

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Procedural History

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Citations

560 U.S. 1 (2010)