Neither U.S. law nor an international treaty prevents one parent from appealing a federal court order that allows the other parent to move the couple’s child to a different country, even after that move has occurred, a unanimous U.S. Supreme Court ruled Tuesday.

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The Supreme Court justices appeared divided Wednesday in an international custody dispute that tests whether an American man can appeal a ruling in favor of his foreign-born wife once she and their daughter legally moved to Scotland.

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The U.S. Supreme Court on Monday declined to hear a Maryland father’s bid to regain custody of his 9-year-old daughter, who has lived her whole life in Japan, following the death of the girl’s mother.

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During the term that’s about to open, the Supreme Court will consider whether an international treaty and U.S. law prevent an American father from appealing a U.S. court’s order that allowed his ex-wife to take their daughter to Scotland, after the pair have already left the country.

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