finding that the ne exeat right did not constitute a right of custody
68) In the Court's view, the ne exeat right "granted Mr.
decisions by a number of foreign courts, holding that a ne exeat right
best served by considering ne exeat rights to be rights of custody.
International Law--Rights of access with ne exeat clause do not create rights of custody under Hague Convention--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.
10) The court also stated that while the removal of the child frustrated the Chilean court's order, the father's rights of access, however enhanced and protected by the ne exeat order, were not sufficient to create the requisite rights of custody that warrant the greater protection intended under the Hague Convention.
Croll, in which she would have held that a ne exeat
clause in a Hong Kong custody order vests "rights of custody" under the Hague Convention on the Civil Aspects of International Child Abduction.
Court of Appeals found that a violation of a ne exeat
order did not amount to a violation of "rights of custody," which could trigger the right of a left-behind parent to have a child returned to his home country under the Hague Convention on the Civil Aspects of International Child Abduction.
15) The Court focused closely on Second Circuit precedent in affirming the District Court's ruling that violating a ne exeat right is insufficient to qualify as a violation of custodial rights.
Recently, the Eleventh Circuit, as well as various state courts, held that a ne exeat right creates rights of custody under the Hague Convention.
Courts in the Second, Fourth, and Ninth Circuits, however, held that the ne exeat clause did not rise to the level of rights of custody.