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84 Tul. L. Rev. 195 (2009-2010)

handle is hein.journals/tulr84 and id is 197 raw text is: 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 Jane A. Jackson* In Abbott v. Abbott, the United States Supreme Court will construe the Hague Convention on the CivilAspects of International ChildAbduction. 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 n'ght of custody for purposes of the Convention. The US circuit courts are di vded on the issue, and the approach of the majority of rcuits is in opposition to the approach taken by the majority of foreign courts that have addressed the issue. This Coniment argues that the Court appropiately granted certiorari in Abbott and that the Court should decide that the fights conferred by a ne exeat clause do constitute nghts of custody under the Convention. I. INTRODUCTION ............................................................................. 196 II. THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION ........................................... 198 III. THE U.S. CIRCUIT SPLIT .............................................................. 201 A. Ne Exeatights Do Not Constitute Rights of C ustody ............................................................................... 20 1 B. Ne Exeat Rights Do Constitute Rights of Custody .......... 204 IV FOREIGN C ASES ........................................................................... 208 V WHY THE UNITED STATES SUPREME COURT'S GRANT OF CERTIORARI WAS APPROPRIATE AND WHY THE COURT SHOULD HOLD THAT NE EXEAT RIGHTS Do CONSTITUTE RIGHTS OF CUSTODY .................................................................... 210 A. The Supreme CourtAppropiately Grnnted Certiorariin Abbott v. Abbott ............................................ 211 B. The Supreme Court Should Decide that Ne Exeat Rights Constitute R'ghts of Custody Under the C on vention .......................................................................... 212 * © 2009 Jane A. Jackson. J.D. candidate 2010, Tulane University School of Law; B.A. 2006, Tulane University. I would like to thank my family for their endless support and encouragement. Special thanks also to Professor Martin Davies for his insight and guidance. 195

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