As the Supreme Court begins its new term this week, their docket includes a Hague Child Abduction case for the first time. The case is Abbott v. Abbott, 542 F.3d 1081 (5th Cir. 2008).
Here’s the Court’s description of the question presented:
The Hague Convention on International Child Abduction requires a country to return a child who has been “wrongfully removed” from his country of habitual residence. Hague Convention art.12. A “wrongful removal” is one that occurs “in breach of rights of custody.” Id. art. 3. The question presented is:
Whether a ne exeat clause (that is, a clause that prohibits one parent from removing a child from the country without the other parent’s consent) confers a “right of custody” within the meaning of the Hague Convention on International Child Abduction.
The case has docket number 08-645; other information is included on the Court’s docket sheet. No date is given yet for oral arguments.