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International Custody Dispute

Saturday, June 15, 2013

Italian Children must be returned from New York to Italy since Italy was found to be their habitual residence under the International Child Abduction Remedies Act.

The following is a decision where the 1st Department Appellate Division of New York affirmed the trial court’s  order directing a mother to return her Italian children  to their Italian father pursuant to Hague Convention and the International Child Abduction Remedies Act (ICARA), so that he may return the children to their habitual residence in Italy......


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Wednesday, March 14, 2012

Italian Custody Order Recognized in New York Family Court under the UCCJEA

The New York County Family Court recently held that that an Italian Court which issued the initial custody order in respect to the parties’ child, maintained exclusive and continuing jurisdiction over the matter. Further the New York Court held that it did not have the jurisdiction to consider or modify the Italian mother’s New York custody petitions.

In rendering its decision, the New York Family Court specifically took into consideration the undisputed fact that the Italian father had previously obtained an Italian Order from a Florence Court which had awarded him sole custody of the parties’ child. The New York Court found that the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") applied to this Italian family law matter. Therefore, the New York Court stated the Italian Custody Order must be treated in the same manner as if it were issued by a State of the United States. The New York Family Court stated in relevant part:

“Because the Italian courts issued the initial custody order, Italy possesses exclusive, continuing jurisdiction. The ensuing and numerous subsequent orders by the Italian courts, both trial and appellate, should properly be viewed as modifications of the initial Italian order. The Italian courts had continuous, exclusive jurisdiction to modify the original Italian order because the father has been a continuous resident of Italy since the year 2000, notwithstanding the mother’s and child’s primary residence in New York between 2006 and 2010.”

The full text of the case was as follows:

In the Matter of Maura B. v. Giovanni P., [Index Number Redacted by Court], New York County Family Court....


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