Interpreting Ne Exeat Rights as Rights of Custody: The United States Supreme Court's Chance to Advance the Purposes of the Hague Convention on International Child Abduction

In Abbott v. Abbott, the United States Supreme Court will construe the Hague Convention on the Civil Aspects of International Child Abduction. Specifically, the Court will determine whether a ne exeat clause, which precludes a parent from taking his or her child out of the country without the other parent's consent, is a “right of custody” for purposes of the Convention. The U.S. circuit courts are divided on the issue, and the approach of the majority of circuits is in opposition to the approach taken by the majority of foreign courts that have addressed the issue. This Comment argues that the Court appropriately granted certiorari in Abbott and that the Court should decide that the rights conferred by a ne exeat clause do constitute rights of custody under the Convention.