On February 11, 2013, in Ozaltin v. Ozaltin, the US Court of Appeals for the Second Circuit issued an opinion, holding that the International Child Abduction Remedies Act (ICARA) creates a federal right of action to enforce rights of access to a child under the Hague Convention.

Ozaltin stems from a divorce and child custody case pending in Turkey between dual citizens of Turkey and the US. Just before the commencement of legal proceedings in Turkey, the mother relocated to New York with the children. After several custody orders issued by the Turkish courts, the father filed an action in the US District Court for the Southern District of New York, seeking an order enforcing his visitation rights and requiring the mother to return the children to Turkey under the Hague Convention. The Southern District ordered the mother to comply with a visitation order issued by the Turkish court and to return the children to Turkey.

The mother appealed the court's decision, arguing that federal courts lack subject matter jurisdiction over claims under ICARA, which is the federal legislation that implements the Hague Convention on the Civil Aspects of International Child Abduction. The US Court of Appeals for the Second Circuit affirmed the district court's holding that ICARA creates a federal right of action to enforce rights of access to a child under the Hague Convention.

The Second Circuit's holding is contrary to a Fourth Circuit decision on the same issue. In 2006, the Fourth Circuit in Cantor v. Cohen held that rights of access cases must be filed in either state court or with the US Department of State. Counsel in international child custody cases should be aware of the circuit split when advising clients on rights of access issues.