Supreme Court, Civil Chamber II, E. 2011/1931 K.2011/4032
Appeal allowed; first instance decision overturned on procedural grounds.
2015 (Ra) No. 714 Appeal case against an order to return the child
Pliego v. Hayes, 843 F.3d 226 (6th Cir. 2016)
The case concerns a child born in 2011 to a Spanish father and an American Mother. The father was working as a diplomat in Turkey at the time of the wrongful removal. In April 2014, the mother traveled to Kentucky, United States with the child and made a unilateral decision not to return. The father […]
Pliego v. Hayes, 86 F.Supp.3d 678 (W.D. Ky. 2015)
The case concerned a child born in March 2011 to a Spanish diplomat father and an American mother. The child was a citizen of Spain and the United States. The parents had been in a relationship for about eight years before marrying in 2009. The child was born in the United States and had spent […]
Yaman v. Yaman, 730 F.3d 1 (1st Cir. 2013)
The parents met in Michigan in 1997 and married in August 2000 in Turkey before returning to the United States of America. Their first child was born in the U.S. in March 2002. The family then moved to Turkey for the father to assume a teaching appointment. Mother and child obtained dual citizenship. In Turkey, […]
Supreme Court, Civil Chamber II, E. 2012/20591 K.2012/26899
Removal and Retention – Arts 3 and 12 The Supreme Court stated: “In order to decide on a return, as much as one does not need to see if there is a decision awarding custody or visitation rights in the Requesting State, if there is such an award, the abduction or retention does not need […]
Ilker Ensar Uyan?k c. Turquie (Requ?te No 60328/09)
The case concerned a girl born in 2006. The parents were married and the family resided in the United States of America. In August 2007, the family went to Turkey on holiday. The father alleged that his wife had left him in September; she did not return to the United States of America and kept […]
Supreme Court, Civil Chamber II, E. 2011/8304 K.2011/8799
The case concerned an application for the return of a child born in 2009, who was habitually resident in Finland. The child was removed from Finland to Turkey on 23 April 2010 by the mother. The father applied for the return of the child. The first instance Family Court decided that the child had been […]
Affaire K???k c. Turquie et Suisse (Requ?te No 33362/04)
The case concerned a child born in Turkey in 1997. After his parents’ divorce in 2001, the child was placed in his father’s sole custody, with the mother having rights of access. In July 2002, the mother and her brother left for a month’s holiday with the child. She failed to return the child to […]
Oncu v. Oncu, 2009 BCSC 829
Habitual Residence – Art. 3 The Court noted that the child had been in Turkey for an appreciable period of time when taken to Canada by the father. When she had travelled to Turkey, her mother clearly had a settled intention to reside in that country. As regards the father, the Court found that notwithstanding […]
