• 28
  • May
    2010

In legal news, an important ruling regarding international child custody was recently handed down by the United States Supreme Court in the case of Abbott v. Abbott. Here, the court ruled that a ne exeat right granted to a parent by a court of foreign jurisdiction grants an enforceable "right of custody" under the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention).

What exactly is a ne exeat right?

In the context of family law, a ne exeat right means that a parent is forbidden from removing their child from their country of residence without obtaining consent from the other parent.

In the case of Abbott v. Abbott, Jacqueline and Timothy Abbott, the parents of A.J.A. (whose name is protected in court documents), were living together in Chile before separating in the year 2003. The Chilean courts granted Jacqueline physical custody of A.J.A., while granting Timothy visitation rights. However, Timothy was also granted ne exeat rights. This meant that Jacqueline could not remove A.J.A. from Chile unless she had obtained consent from Timothy beforehand.

According to the facts of this international child custody case, Jacqueline ultimately left Chile with A.J.A. in order to find employment in the United States. However, she did so without permission from her ex-husband. Upon locating Jacqueline in Texas, Timothy sought to enforce his ne exeat rights and have his son returned to Chile.

The case has slowly made its way through the federal courts. Most recently, the 5th Circuit United States Court of Appeals ruled that Timothy's ne exeat right conveyed only a right of access (a lesser right) under the terms of the Hague Convention.

The next post will explain how the United States Supreme Court arrived at its decision in Abbott ... 

Related Resources:
  
• Court Holds that Ne Exeat Rights are Enforceable "Rights of Custody" Under the Hague Convention (SCOTUSblog)
• International Abduction Treaty Trumps Parental Rights, Says U.S. Supreme Court (Law.com)