Abbott v. Abbott

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.

SCOTUSblog Coverage

• Court holds that ne exeat rights are enforceable “rights of custody” under the Hague Convention (Anna Christensen)
• Divining the purpose of a treaty on child abduction (Erin Miller)
• Abbott v. Abbott: Argument Preview (Erin Miller)
• Invitation Brief in No. 08-645, Abbott v. Abbott: Will the Supreme Court (Indirectly) Review Another Sotomayor Opinion? (Amy Howe)

Briefs and Documents

Merits Briefs

• Brief for Petitioner Timothy Mark Cameron Abbott
• Brief for Respondent Jacquelyn Vaye Abbott
• Reply Brief for Petitioner Timothy Mark Cameron Abbott

Amicus Briefs

• Brief for the Permanent Bureau of the Hague Conference on Private International Laws in Support of Petitioner
• Brief for the United States of America in Support of Petitioner
• Brief for the State of California in Support of Petitioner
• Brief for Delegates Lawrence H. Stotter and Matti Savolainen on the Drafting and Negotiating of the Hague Convention on the Civil Aspects of International Child Abduction in Support of Respondent
• Brief for the University of Cincinnati College of Law Domestic Violence and Civil Protection Order Clinic in Support of Respondent
• Brief for Eleven Law Professors in Support of Respondent
• Brief for the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP), the Battered Women’s Justice Project – Domestic Abuse Intervention Programs, Inc., the National Coalition Against Domestic Violence, Legal Momentum, and the National Network to End Domestic Violence in Support of Respondent
• Brief for Reunite International Child Abduction Center in Support of Neither Party
• Brief for the S&W International ChildFind Program, the Massachusetts Society for the Prevention of Cruelty to Children, Justice for Children, Pathways for Children, Children's Law Center of Los Angeles, and Emerge in Support of Reversal
• Brief for the National Center for Missing and Exploited Children in Support of Reversal

Certiorari-stage documents

• Opinion below (5th Cir.)
• Petition for certiorari
• Brief in opposition
• Brief of the Permanent Bureau of the Hague Conference on Private International Law as amicus curiae
• Brief amicus curiae of the United States (recommending grant)
• Petitioner's reply