Ozaltin v. Ozaltin, No. 12-2371 (2d Cir. 2013)Annotate this Case
Petitioner (Father) brought this suit under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. 11603(b), seeking the return of his two minor children to Turkey, as well as an order enforcing his rights under Turkish law to visit the children as long as they stayed in the United States with their mother. The court held that the Father had demonstrated that he retained custody rights under Turkish law and that the Mother's removal of the children from Turkey in 2011 interfered with the exercise of his custody rights. With regard to visitation claims, the court held that section 11603(b) created a federal right of action to enforce "access" rights protected under the Hague Convention. With regard to costs, however, the court concluded that in light of the particular circumstances of this case, an award of full costs would be "clearly inappropriate." Accordingly, the court affirmed the district court's return order and vacated the costs award.