On May 17, in a rare pronouncement on family law issues, the Supreme Court of the United States ruled on Abbott v. Abbott , 2010 WL 1946730 (U.S. 2010), providing its interpretation of the Hague Convention on the Civil Aspects of International Child Abduction and the federal International Child Abduction Remedies Act. 42 U. S. C. §11601 et seq. In addition to resolving conflicting Appellate Court opinions on the scope of “ne exeat” rights, the majority and dissenting opinions provide New Jersey family law practitioners with a laundry list of issues to consider in characterizing a parenting agreement as constituting either joint custody of a minor child to both parents, comprised of legal custody or physical custody as per N.J.S.A. 9:2-4(a) or sole custody as permitted by N.J.S.A.9:2-4(b).

The Abbotts had one child together and divorced in Chile. The mother obtained custody of the child; and the father was awarded visitation as well as “ne exeat,” a right that got his case before the Supreme Court of the United States. Jurisdictions worldwide define a “ne exeat” right differently. However, according to the Supreme Court, it constitutes the right to determine a child’s country of residence as the custodial parent must obtain consent before removing a child from the home country. This language should resonate with any practitioner familiar with N.J.S.A. 9:2-2, New Jersey’s removal statute.

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