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Abbott v. Abbott

Docket No. Op. Below Argument Opinion Vote Author Term
08-645 5th Cir. Jan 12, 2010
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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