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Fugitive Doctrine Applied to Mother Who Fled with Child

By ALM Staff | Law Journal Newsletters |

In what has been referred to as 'an extraordinary application of the fugitive disentitlement doctrine to a family court matter,' the New York Family Court, Albany County, has ruled that a mother who absconded with her child has no right to seek relief from an order awarding temporary custody to the putative father. Peppin v. Lewis, P-8298-01 (N.Y. Fam. Ct., Albany Cty., 12/2/02).


The case involves a mother who has persistently frustrated the court's attempt to address paternity and custody issues raised more than a year ago by the apparent father. The fugitive disentitlement doctrine, based on the principle that a person may not rely on the judicial system for relief when he or she is evading the authority of that system, has long been applied in criminal law; it typically arises when a convicted fugitive seeks to appeal a criminal conviction. 

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