Abbott v. Abbott


130 S.Ct. 1983 (2010)


A ne exeat right, or a right to prevent a child’s removal from his country of residence, is roughly equal to “joint custody” and is, thus, a “right of custody.” Accordingly, when A.J.A. was removed from Chile in violation of Mr. Abbott’s ne exeat right, the child was “wrongfully removed” within the meaning of the Hague Convention. Under such circumstances, the Convention compels A.J.A.’s return to Chile unless Mrs. Abbott can establish an exception under the Hague Convention based on the child’s need for emergency protection.

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