[Download] "International Law - Rights of Access with Ne Exeat Clause Do Not Create Rights of Custody Under Hague Convention - Abbott V. Abbott." by Suffolk Transnational Law Review # Book PDF Kindle ePub Free

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eBook details

• Title: International Law - Rights of Access with Ne Exeat Clause Do Not Create Rights of Custody Under Hague Convention - Abbott V. Abbott.
• Author : Suffolk Transnational Law Review
• Release Date : January 22, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 284 KB

Description

International Law--Rights of access with ne exeat clause do not create rights of custody under Hague Convention--Abbott v. Abbott, 542 F.3d 1081 (5th Cir. 2008). The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) was created and adopted because of the worldwide concern regarding international child abductions, including parental kidnapping, and the need for a unified international response. (1) The Hague Convention distinguishes between a parent's "rights of custody" from "rights of access" to determine whether the left-behind parent possesses the appropriate level of rights to trigger the remedy under the Hague Convention of returning the child to his or her habitual place of residence. (2) In Abbott v. Abbott, (3), the Fifth Circuit considered whether one parent's rights of access, also known as visitation rights, coupled with a ne exeat clause created rights of custody. (4) The court held that because the wording and intent of the Hague Convention did not confer the same remedy for any lesser rights, specifically the rights of access, the remedy of return of the child was only valid if rights of custody were violated. (5)

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