On February 11, 2013, the U.S. Court of Appeals for the Second Circuit, in Manhattan, issued a significant decision interpreting the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Act (ICARA), affirming part of an order directing the mother to return her children to Turkey, and allowing the father access to them, and finding, contrary to the Fourth Circuit, that federal courts had authority under the Hague Convention to vindicate parties’ rights, as opposed to having to rely on the State Department for relief.
Gusrae Kaplan was tapped for its federal appellate expertise by noted family law firm Cohen Rabin Stine Schumann LLP. Gusrae Kaplan moved the court to take judicial notice of intervening Turkish court decisions, and to correct the appellate record by striking an improper portion of the joint appendix and submitting a supplemental appendix. The Second Circuit granted the motion and relied on the intervening Turkish orders and other supplemental materials in its decision on the merits. The Gusrae Kaplan team was led by Brian D. Graifman and Mikhail Ratner, The case is Ozaltin v. Ozaltin, 12-2371-cv (U.S. Court of Appeals, 2d Cir., Feb. 11, 2013).