Father who had resided in Turkey petitioned, pursuant to Hague Convention on Civil Aspects of International Child Abduction and International Child Abduction Remedies Act (ICARA), for children to be removed from United States where they resided with their mother and brought to Turkey for court ordered visitation. Held: (1) children had been wrongfully removed from Turkey, and thus had to be returned; (2) ICARA created federal right of action to secure the effective exercise of rights of access protected under the Hague Convention; and (3) award of all necessary expenses associated with father’s action under Hague Convention was clearly inappropriate.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com