There has been a split among the Circuits concerning the treatment of cases in which a parent moves a child out of a country without the other parent's permission although a court in that country has ordered that no such move take place without the noncustodial parent's assent.
Supreme Court Says Ne Exeat Clause Must Be Enforced
In May, the U.S. Supreme Court ruled that the Hague Convention on the Civil Aspects of International Child Abduction (Hague Converntion) trumps a custodial parent's right to move a child out of a country without the non-custodial parent's consent.
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Janice G. InmanThis premium content is locked for LawJournalNewsletters subscribers only
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