Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 1.
On Tuesday the court hears oral argument in Dean v. United States. Douglas Berman has our preview.

Abbott v. Abbott

Docket No. Op. Below Argument Opinion Vote Author Term
08-645 5th Cir. Jan 12, 2010
Tr.
May 17, 2010 6-3 Kennedy OT 2009
 
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Disclosure: Howe & Russell represents the petitioner.

Holding: If a parent has the right to consent before the other parent can remove a child from the country where the child is living, then the parent also has a right of custody under the Hague Convention on International Child Abduction, and the child must be returned.

Plain English Summary:

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Anthony Kennedy on May 17, 2010. Justice Stevens dissented, joined by Justice Thomas and Breyer.

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