	Background

International child custody disputes figure to increase in frequency as the global society becomes more integrated and mobile. What is more, a child custody dispute between two parents can become a diplomatic imbroglio between two countries. In Abbott v. Abbott the U.S. Supreme Court will address an issue that has divided the Circuit Courts of Appeals: Whether a ne exeat right is a "right of custody" for purposes of the Hague Convention? Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention") protects children from wrongful removal across international borders and provides procedures to aid in their safe return. While the Convention has been the principal mechanism for enforcing the return of abducted children to the United States, it is not without limitations. As such, the proceeding is brought in the country to which the child was abducted or in which the child is retained. Procedures and remedies available under the Convention differ depending on the parental rights infringed. Article 5 in turn defines "rights of custody," and distinguishes those rights from "rights of access":
(a) "rights of custody" shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence;
(b) "rights of access" shall include the right to take a child for a limited period of time to a place other than the child's habitual residence. Significance of Supreme Court's Decision

The Supreme Court's decision will address the question of whether the Hague Convention requires the return of a child to the home country if the child was removed to the United States in violation of a ne exeat order or statute.
International child custody disputes figure to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Thus in 2000, Members of Congress and Vice President Al Gore backed legislation to grant Cuban refugee Elian Gonzalez permanent residency status, even after President Fidel Castro demanded the boy's return. More recently, in the 111th Congress, both houses passed resolutions (S.Res. 37 and H.R. 125) calling on the Brazilian government to return Sean Goldman, the son of New Jersey resident David Goldman, to the United States.
In the case of the Goldman family, the father's legal argument for return was based on the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention"). This treaty was entered into force in the United States in 1988, and has since been the principal mechanism for enforcing parental rights in international custody disputes. However, judicial interpretation of certain Hague Convention provisions has been inconsistent among federal Circuit Courts of Appeals. The lives of one British-American family—the Abbotts—and the lives of families similarly situated may be affected by how the United States Supreme Court resolves this circuit split in Abbott v. Abbott.
In this case, the Court will determine whether a ne exeat, or "no exit" order granting one parent the right to veto another parent's decision to remove their child from his or her home country is a "right of custody" under the Hague Convention. Such a determination is necessary to determine the Convention's applicability, as it only provides for a child's return to the country which issued the ne exeat order if the removal was "wrongful" and in breach of "rights of custody."
This report discusses the circuit split on the treaty interpretation issue, the arguments made before the Supreme Court in Abbott, and the significance of the case.