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The Supreme Court and the Hague Abduction Convention

By Jeremy D. Morley

In Abbott v. Abbott, No. 08-645, the U.S. Supreme Court has now issued its very first decision interpreting the Hague Convention on the Civil Aspects of International Child Abduction. The Convention provides that a child who is taken to or retained in a foreign country without the consent of a person with “rights of custody” over the child under the law of the child's habitual residence must be returned to the habitual residence unless an exception applies. It was brought into U.S. law by the International Child Abduction Remedies Act (ICARA).

The Supreme Court overruled the Fifth Circuit and a line of cases on a key issue ' whether a parent's right to prevent international travel, known as a ne exeat right, is a “right of custody” ' that had originated with a Second Circuit decision in 2000 and had been followed in some but not all circuits.

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