Child CustodyA New York Family Court’s decision was reserved due to a federal action filed in the same manner, as reported in an August 7th, 2012 New York Law Journal article.

A mother residing in New York with her two children sought full custody in a New York court. The father motioned for the petition’s dismissal stating that the court lacked jurisdiction because the mother had also filed in an Italian court. Furthermore, the father petitioned under the Hague Convention in a federal court seeking for the children’s return to Italy.

The New York family court ruled that they did have jurisdiction because the mother showed that there were no other pending claims in other courts and the children had resided in New York for longer than six months. Unfortunately since the father filed an additional petition in federal court the family court cannot enforce their ruling until the federal court has made their finding.

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