United States Second Circuit

Judgment of return order under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act is affirmed and costs order is vacated where: 1) Father met his burden of showing that he retained custody rights under Turkish law, and that the Mother's removal of the children from Turkey interfered with his exercise of those rights; 2) 42 USC section 11603(b) creates a federal right of action to enforce "access" rights protected under the Hague Convention; however 3) an award of all necessary expenses to the prevailing petitioner in this case would be "clearly inappropriate."

Appellate Information

• Decided 02/11/2013
• Published 02/11/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel