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International child custody case reaches US Supreme Court

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    Arguments could result in landmark ruling for military parents

  • Duration 5:21
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-- soldiers fight to keep custody of his five year old daughter has now reached the nation's highest court.

Jeffrey -- Finn's estranged wife is from Scotland.

And when the US deported her last year she won the right to take their daughter to Scotland under an international treaty.

Today the case is before the US Supreme Court in what could be.

A landmark ruling for military parents.

Shannon Bream is live -- in Washington Shannon what options does the father have at this point.

Well -- not many when he lost that initial decision that sent his daughter to -- he trying to appeal.

The courts here in the US told and they have no jurisdiction she's gone it is only option is to try to fight for her in the Scottish legal system.

He refused to give up though vowing to get to our country's highest court as quickly as possible he was there today and here's what he -- It's my little girl.

You know and I -- divider.

But to twelve told us can do everything -- could.

And today -- people listen.

He had the justices ear today he knows this goes far beyond just ten in the impact that it will mean for many -- -- military families and Americans across the board.

Trace.

Indeed general -- what's the mother saying.

Yeah she actually was deported from the US after getting to legal trouble here so she could return for today's arguments.

But her attorney says it's time to leave the little girl where she is here's what he said from courts.

The -- house to -- Stability she's five years old.

She's back in one country the ideal making her ping pong ball and bringing her back to America to three years that in the -- just isn't fair.

He's an international treatable Scotland and the US have signed on -- was there for a reason and in his words it settles the matter.

But what about the justices -- and how are they reacting today.

Many of them seemed very skeptical about how this all played out -- fact -- the did and the father essentially has no right to appeal this decision.

Here's what Chief Justice John Roberts said during the arguments quote.

The incentives if you prevail meaning the mother's attorney are for the parent with control over the -- to leave immediately get on the first plane out and then your home free.

That's seems to me to be a very unfortunate results can be weeks even months though before we now with the court ultimately decides for now the little girl will stay in Scotland Trace them.

Shannon Bream -- force in Washington Shannon thank you joining us now Fox News senior judicial analyst judge Andrew Napolitano judge good to see you sir good to see you Trace.

I'm fascinated about what when Shannon was saying there about chief Justice Roberts saying in essence look what happens if you have the mother to got out of playing the father -- -- the proper legal channels mom gets on a plane takes the kid and so now she wins here you know are just it's it's very -- -- -- there's a lot of factors here that this.

Essentially the interpretation of an international treaty.

And quite frankly the treaty was written to address situations like this.

Married couple with children.

Who travel a great deal so it's a classic case to address members of the military.

Married couple with children where each match each party to that into the marriage is from a different country.

The other factor here is something the Supreme Court -- Cases involving domestic disputes.

Custody over children divorce cases none of these justices have experience -- that this is typically in state courts not in the federal court.

So what the chief justices saying about it's something we can all understand.

The father lost at a federal trial court in Atlanta.

Before -- had the opportunity to appeal that loss the mother took the child and flew to Scotland.

And then when he filed the appeal the appellate court said too little too late because the mother's night here and it doesn't -- not here.

And because this case is controlled by an international treaty we don't have jurisdiction over.

The Chief Justice says -- well that's not right she should reflect what the child before the appeal was filed.

And probably the appellate court should have heard the appeal so my guess is that the Supreme Court today.

We'll -- -- the federal appeals court in Atlanta here any appeal decided the trial judge was right or wrong.

Where is this child more accustomed to living.

With his father in Alabama or with his mother in Scotland that's what the treaty tells judges they have to decide.

-- really does come down the hole habitual residence they -- the child normally lives judge but but the fact that the girl is now in Scotland does that make this entire argument moot.

Well it doesn't make it move but it makes the mother's case stronger because one of the principles.

Having ruled -- -- custody cases that I like to think I didn't have any gray hair until I got these custody case just from one of the basic principles of custody law is.

You can't move the child around too much.

Even if the child is with vote -- -- in terms of benefits for the child of the two parents.

The -- removal of the child from a parent to whom the child has grown accustomed.

The mayor removal of the child from the home setting to which the child is accustomed can have an adverse psychological effect on that child.

Stated differently the longer the child stays with the mother in Scotland even if she's not the appropriate apparent.

The more difficult that is for the courts to say bring the child back to Alabama.

Yet in the lower the other the father's logs get judge ended a volatile good you sir thank you pleasure Trace.

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