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.

SCOTUSblog Coverage

Court holds that ne exeat rights are enforceable â€œrights of custodyâ€ 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)

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Editor's Note :

Abbott v. Abbott

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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