Abbott v. Abbott

Timothy and Jacquelyn Abbott divorced in Chile, where Mrs. Abbott received custody of their son and Mr. Abbott received visitation. A Chilean court order barred either parent from removing the child from Chile without the other's consent (a ne exeat right). About a year later, Mrs. Abbott took the child out of Chile without Mr. Abbott's consent. When Mr. Abbott found the child in Texas, he sued in federal court seeking the child's return under the Hague Convention on the Civil Aspects of International Child Abduction.

Whether a ne exeat clause-prohibiting one parent from removing a child from a country without the other's consent-confers a 'right of custody' on that parent within the meaning of the Hague Convention on International Child Abduction.