Yaman v. Yaman, No. 13-1240 (1st Cir. 2013)Annotate this Case
The Yaman children, ages 10 and 11, have lived with their mother since 2004, having lived with both parents before that. The mother and children have lived in the U.S. since 2010, but the habitual residence of the children was Turkey. The father was given custody of the children by the Turkish courts, but their American mother wrongfully removed the children in 2007 and hid them, preventing their father from locating them. The district court denied the father’s petition for return of his children to Turkey, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, 51 Fed. Reg. 10,494, concluding that the children were "now settled" in the U.S.; the court rejected claims of sexual abuse by the father. The First Circuit affirmed. The Convention does not allow a federal district court to toll equitably the one-year period that must elapse before a parent can assert the "now settled" defense and the evidence supports the conclusion that the children are "now settled." Their father did not seriously contest that holding. The court noted that its decision has no impact on the Turkish courts’ ruling concerning custody.