Ponownie o klauzuli ne exeat — cywilnoprawne aspekty uprowadzenia dziecka za granicę Sąd Najwyższy USA w sprawie Abbott v. Abbott
Ne Exeat Clause Revised. The Civil Aspects of International Child Abduction. Supreme Court of United States on Abbott v. Abbott

Summary/Abstract: On May 17, 2010 the Supreme Court of United States ruled on Abbott v. Abbott, 2010 S.Ct 1983 providing its interpretation of 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Supreme Court resolved conflicting appellate courts opinions on the matter of ‘ne exeat’ clause arguing that ‘ne exeat’ rights are the rights relating to custody of the person of the child within the meaning of Article 5(a) of Hague Convention and if those rights are violated, the child should be returned to his country of habitual residence. The minority opinion contains consideration that ‘ne exeat’ right is only a right of access. Thus, the noncustodial parent cannot demand return remedy. He or she can only seek assistance in carrying out his or her rights to see the child. Having in mind that the Supreme Court’s ruling may strongly influence relevant international case law this Article reviews the facts and holding of Abbott v. Abbott and concludes that Supreme Court decision is inconsistent with the object and purpose of Hague Convention.

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