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Full-Text Articles in Law
Does A Ne Exeat Provision Create Rights Of Custody Under The Hague Abduction Convention?: The Supreme Court’S Elusive Quest For A Bright Line Rule In Abbott V. Abbott, Todd Heine
Todd Heine
No abstract provided.
Does A Ne Exeat Provision Create Rights Of Custody Under The Hague Abduction Convention?: The Supreme Court’S Elusive Quest For A Bright Line Rule In Abbott V. Abbott, Todd Heine
Todd Heine
This article reviews the United States Supreme Court decision in Abbott v. Abbott, an international family law case from the 2009 - 2010 term. The article then points out the potential impacts of this decision on future cross-border custody disputes. This article is important for two reasons. First, it provides a timely and concise critique of the Court’s opinion and dissent. The Court decided that a ne exeat provision in Chilean law that forbid one parent from removing a child from Chile extended rights of custody under the Hague Convention on the Civil Aspects of International Child Abduction to an …
Habitual Residence, Home State, And Cross-Border Custody Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Matthew Heine
Habitual Residence, Home State, And Cross-Border Custody Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Matthew Heine
Todd Heine
This article addresses jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States—habitual residence and home state jurisdiction. These jurisdictional standards face uncertainty in many cases. The article covers three areas of international family law. First, the article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffles many foreign family lawyers. Second, the article offers an overview of the remarkable emergence …