Editor's Note :

Editor's Note :

We expect orders from the April 21 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, April 25.
On Monday the court hears oral argument in McWilliams v. Dunn. Amy Howe has our preview.
On Monday the court also hears oral argument in Davila v. Davis. Steve Vladeck 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

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.

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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