Charlottesville Divorce Lawyer Rob Hagy

Charlottesville Custody and Visitation Lawyer: Children Wrongfully Removed Have To Be Returned.

In the case of Ozaltin v. Ozaltin, the United States Court of Appeals, Second Circuit, held that a father's petition pursuant to the Hague Conviction on Civil Aspects of International Child Abduction and International Child Abduction Remedies Act (ICARA) should be granted and the children returned to Turkey. Father resided in Turkey.  The children had been wrongfully removed from Turkey. The ICARA granted to the father a federal right of action to secure the effective exercise of rights of access
protected under the Hague Convention.  Father was also entitled to an award of all his expenses.

-Rob Hagy.  For help with issues like those in this case or other custody and visitation matters, please contact me at 434.293.4562 or email me at [email protected].

United States "Habitual Residence" Pursuant to Hague Convention

In the case of Robert v. Tesson, the United States Court of Appeals for the Sixth Circuit, held that, in applying the Hague Convention on the Civil Aspects of International Child Abuduction, the children's "habitual residence" was the United States instead of France when the mother removed them, as six-year-olds, from France for the last time. The children stayed for 15 months in France, but had lived in the United States with their mother before going to France. They had little contact with their father who lived in France.