New York Divorce Lawyer Blog
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. Continue reading