Abbott v. Abbott: A New Take on Treaty Interpretation by the Supreme Court

The Supreme Court’s recent decision in Abbott v. Abbott[1] resolved an important issue about the scope of the Hague Convention on Civil Aspects of International Child Abduction (Child Abduction Convention).[2] A six-vote majority ruled in favor of an expansive reading of the Convention that increases the power of an objecting parent in cases where a child is brought to the United States against that parent’s wishes. Even more significantly, the majority indicated a disposition toward interpreting multilateral private law treaties in a manner that emphasizes the systemic interests of treaty partners, as expressed through foreign court decisions, scholarly work organized by international bodies, and the views of the U.S. Department of State.