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Panel Finds International Custody Battle Belongs in NY
A Manhattan appellate court refused to relinquish jurisdiction over a custody case in which a mother fled with her 5-year-old son to Italy because she thought she was not getting a fair hearing in a New York Family Court. In an unusual ruling in late December 2007, the Appellate Division, First Department, reversed the conclusion of Manhattan Family Court that the case belonged in the Italian courts. It found that the family court's order gave 'the mother a choice of jurisdictions, and thus the concomitant right to disregard any orders of the court of which she availed herself when she failed to obtain the desired outcome.' In re Michael McC. v. Manuela A., 2114-2115-2116.
Dissenting Opinion
However, a dissenting opinion expressed concern that the majority's holding raise[d] the distinct possibility of competing child custody determinations ' precisely the eventuality that the Uniform Child Custody Jurisdiction and Enforcement Act, was designed to avoid.
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