Judge Laura Taylor Swain
Nurettin and Zeynep Ozaltin, dual U.S. and Turkish citizens, married in 2004. Their two daughters, also dual citizens, were born in New York. All lived in Turkey until Dec. 22, 2010, when Zeynep took the girls to New York, where they have lived since. On Jan. 7, 2011, Nurettin applied to Turkey’s Justice Ministry for the girls’ return to Turkey under the Hague Convention on the Civil Aspects of International Child Abduction. He and Zeynep both sought divorce. Despite refusing him custody, a Turkish court granted Nurettin visitation from Aug. 18 to Sept. 1, 2011. The children ultimately returned to the U.S. in November 2011. District court granted Nurettin’s March 2012 petition for the girls’ return to Turkey under the Hague Convention and the International Child Abduction Remedies Act, finding that until Dec. 22, 2010, Turkey was their habitual residence. After review of the Turkish Civil Code’s joint custody provisions and the parties’ actions, the court held Nurettin showed Zeynep retained the girlswho spent the majority of their lives in Turkeyin the U.S. contrary to the Hague Convention. Their return will allow the Turkish court to decide if they should live in New York while their parents’ divorce proceedings are pending.
