Yaman v. Yaman
919 F. Supp. 2d 189
D.N.H.2013Background
- Custody dispute involving two minor children located in Hanover, New Hampshire.
- Father Ya-man seeks return of the children to Turkey under the Hague Convention.
- Mother Yaman moved the children from Turkey to Greece, Andorra, and then the United States, allegedly concealing their whereabouts.
- Turkish courts awarded custody to Yaman’s ex-husband Dr. Yaman in 2007, with final Turkish ruling in August 2007.
- Petitioner filed his Hague petition in June 2012 and argues the one-year filing period should be equitably tolled due to concealment.
- Court holds concealment does not equitably toll the Hague Convention’s one-year period and addresses settledness as a defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article 12 allows equitable tolling for concealment | Ya-man argues tolling applies | Yaman argues no tolling should apply | Not tolled; no equitable tolling allowed under Article 12. |
| Textual support for tolling | Text silent on tolling | Text does not authorize tolling | Text provides no tolling power; no tolling under Article 12. |
| Drafting history supports no tolling | Drafting history anticipates concealment rules allowing tolling | Drafting history rejects tolling provisions | Perez-Vera and drafting history support no tolling. |
| Executive and foreign interpretations support no tolling | US Department responses favor tolling as policy | DOJ Lozano brief rejects tolling as text-based | Most recent executive view weighs against tolling; tolling rejected. |
Key Cases Cited
- Abbott v. Abbott, 560 U.S. 1 (U.S. 2010) (treaty interpretation with executive weight is strong)
- Duarte v. Bardales, 526 F.3d 563 (9th Cir. 2008) (tolling arguments recognized but dependent on text/history)
- Furnes v. Reeves, 362 F.3d 702 (11th Cir. 2004) (some circuits tolled; court leaves stance in tension with drafting history)
- Lozano v. Alvarez, 697 F.3d 41 (2d Cir. 2012) (DOJ position against tolling; weight of executive view)
- Belay v. Getachew, 272 F.Supp.2d 553 (D. Md. 2003) (district court case cited on concealment/settledness)