In Abbot v. Abbot, the issue is whether a ne exeat clause -- which precludes one parent from taking their child out of the country without the other parent's permission -- is a "right of custody" for purposes of the the Hague Convention governing international child abduction, thus requiring the child's return.

The U.S. courts of appeals are divided on this question, and the approach they have taken to it is at odss with the approach employed by the majority of foreign courts that have considered the question.

Tthe Permanent Bureau of the Hague Conference on Private International Law – responsible for monitoring the implementation of the Convention – has filed an amicus brief upporting the petition.

Updates on this case are posted on the SCOTUSblog.