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ABBOTT v. ABBOTT

No. 07-50967.

542 F.3d 1081 (2008)

Timothy Mark Cameron ABBOTT, Petitioner-Appellant, v. Jacquelyn Vaye ABBOTT, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 16, 2008.

Attorney(s) appearing for the Case

Adair Dyer, Jr. (argued), Law Office of Adair Dyer, Austin, TX, for Timothy Abbott.

Karl Edward Hays (argued), Law Offices of Karl E. Hays, Austin, TX, for Jacquelyn Abbott.

Before KING, WIENER, and ELROD, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

This case requires us to determine whether ne exeat rights constitute "rights of custody" within the meaning of the Hague Convention. For the reasons set forth below, we hold that they do not. We therefore affirm the district court's judgment.

I. FACTS AND PROCEEDINGS

Petitioner-Appellant Timothy Abbott is a British citizen, and Respondent-Appellee Jacquelyn Abbott is a U.S. citizen. The parties married in...

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