In a 6-3 majority decision written by Justice Kennedy, the U.S. Supreme Court found that the 1980 Hague Convention on the Civil Aspects of International Child Abduction treats ne exeat rights (a parent’s right to consent or object before the other parent takes their child to a foreign country) as custodial rights rather than rights of access.  Under the Convention, violations of custodial rights trigger a right to the child’s return to his or her country of habitual residence, whereas violations of access rights do not.  Read Abbott Opinion.

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