Child Removed from Country May be Ordered Returned

Posted: May 26, 2010 in family law
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The United States Supreme Court ruled that an order prohibiting the removal of a child from a country without the non-custodial parent’s consent is enforceable under an international child abduction treaty.

In Abbott v. Abbott, the father and the mother divorced in Chile. The Chilean court granted the mother custody of their son while allowing the father only visitation rights. At the mother’s request, the Chilean court issued a ne exeat order prohibiting either parent from removing the child from Chile without the agreement of both parents. Unable to find work in Chile, and without the father’s consent, the mother left Chile with their son and returned to the United States. The father found the mother and child in Texas and moved to enforce the ne exeat order.

The underlying policy for the Court’s decision to enforce the return remedy, is that the return remedy serves the Convention’s end of ensuring that custody disputes are resolved in the courts in the child’s usual country of habitual residence.

If you would like to read the oral argument, click here.

To see the opinion, click here.

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Comments
  1. […] The United States Supreme Court ruled that an order prohibiting the removal of a child from a country without the non-custodial parent’s consent is enforceable under an international child abduction treaty.Lori Paul in, California Family Law Paralegal […]

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