Preview:

[*1] Hector G., Petitioner,
v
Josefina P., Respondent.


Supreme Court, Bronx County, December 19, 2003
APPEARANCES OF COUNSEL
Heriberto A. Cabrera, Brooklyn, for Hector G. White & Case, New York (Justin M. Brown of counsel), for Josefina P. Children's Law Center, Bronx (Eileen Malunowicz of counsel), Law Guardian.
{**2 Misc 3d at 802} OPINION OF THE COURT
Diane Kiesel, J.
This case raises two questions concerning application of the recently enacted Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), set forth at article 5-A of the Domestic Relations Law: (1) whether (as the father urges) title 3 of that act requires this court to enforce a custody order issued by a court in the Dominican Republic, or (2) whether (as the mother and law guardian contend) this court may assume jurisdiction of the parents' custody [*2]dispute and modify or replace the Dominican court's order. After consultation with the original judge, consideration of the parties' residence status, and in light of allegations of an extensive history of domestic violence that were not presented to the Dominican court before its default order of custody was entered, this court assumes jurisdiction and sets the matter for trial.
Family History
The subject children are the parties' twin sons, born June 19, 1997 in the Dominican Republic. It is undisputed that the father obtained a default order of custody there in April 2002, an order appealed by the mother and affirmed by the Dominican court in October 2002, a month after she had brought the boys to the United States. In quick succession, the Integrated Domestic Violence Court

Download 2003_23925.pdf

New York Law