Few legal battles are as emotionally charged as international child custody disputes. When one parent relocates a child to another country without the other parent’s consent, it raises serious legal and ethical concerns. The Hague Convention on the Civil Aspects of International Child Abduction exists to prevent wrongful removals and ensure that custody disputes are resolved in the child’s home country. A case recently decided by a New York court highlights the importance of legal custody agreements and the challenges parents face when one party disregards a court order. If you are involved in a child custody dispute that extends beyond national borders, it is in your best interest to meet with an experienced New York family law attorney to discuss your rights.
Factual and Procedural Background
It is reported that the father filed a petition under the Hague Convention, seeking the return of his son to Turkey after the mother relocated with the child to the United States without his approval. The parents, who divorced in Turkey, had a custody agreement incorporated into their divorce decree, which granted the mother sole custody. However, allegedly, the agreement also contained specific provisions requiring the father’s approval for major decisions, including the child’s relocation, schooling, and healthcare.
Allegedly despite these provisions, the mother moved the child to the United States without obtaining the father’s consent. The father argued that this move violated his custodial rights under Turkish law, amounting to wrongful retention under the Hague Convention. The mother, in response, contended that her sole custody status in Turkey granted her the unilateral right to decide where the child lived.
It is reported that following the relocation, the father sought legal intervention in Turkey to prevent further international relocation and enforce his custodial rights. However, Turkish courts denied his initial requests. As a result, the father filed a petition in U.S. federal court to secure the child’s return.
Protections Under the Hague Convention
The court reviewed the case to determine whether the father’s rights under Turkish law amounted to custodial rights under the Hague Convention. The Convention distinguishes between custody rights, which include decision-making authority over a child’s residence, and access rights, which pertain only to visitation.
The court examined whether the father’s role in approving the child’s relocation gave him a ne exeat right—a right requiring his consent before the child could be moved internationally. This analysis was guided by the U.S. Supreme Court’s decision in Abbott v. Abbott, which held that a ne exeat right constitutes a right of custody under the Hague Convention.
The court found that the Turkish divorce decree explicitly required the father’s approval before the mother could relocate the child. Despite the mother’s argument that these provisions were non-binding, the court determined that they were enforceable under Turkish law and provided the father with custodial rights recognized by the Hague Convention.
As a result, the court ruled that the mother’s unilateral move violated the father’s custody rights, making the child’s removal wrongful under the Hague Convention. The court ordered the child’s return to Turkey, reinforcing the principle that international child custody disputes should be resolved in the child’s home country rather than through unilateral action.
Consult a Knowledgeable New York Family Law Attorney
International custody disputes are complex and require a deep understanding of both domestic and international law. If you are facing a situation where your co-parent has relocated your child without consent or if you are seeking to enforce a foreign custody agreement, you should talk to an attorney as soon as possible. Ksenia Rudyuk is a knowledgeable New York child custody attorney who can guide you through this process and help you seek the best possible outcome for your family. To schedule a consultation, contact Rudyuk Law Firm at 212-706-2001 or reach out via our online contact form today.