People ex rel. Ron v. Levi, 279 A.D.2d 860 (N.Y.A.D. 2001)
- Docket Number
- NA
- Published
- Yes
- Decision Date
- 2001-01-18
- Name of Court
- Supreme Court, Appellate Division, Third Department, New York
- Opinion by
- Cardona, P. J.
- Counsel for Petitioner
- Counsel for Respondent
- Counsel for Court
- Requesting State
- Israel
- Requested State
- United States of America
- Procedural History
-
Appeal from an October 5, 1999, judgment of the Albany County Supreme Court, which dismissed petitioner/husband’s application on the merits in a proceeding pursuant to CPLR article 70, because Supreme Court found the Hague Convention inapplicable.
- Summary of Facts
-
Petitioner/husband and respondent/wife are Israeli citizens who married in the U.S. with a religious ceremony in Israel. They had two children born in Israel in 1993 and 1995. In 1997, the family purchased round-trip airline tickets that had a six-month return date that could be extended another six months but could not be used after August 23, 1998. In the U.S., the family found housing and petitioner/husband got a job.
After petitioner/husband was arrested for assault in New York in May 1998, his wife served him with an action for divorce. He appeared in court on the assault charge where he agreed to refrain from coming close to respondent/wife and the children for six months. The petitioner/husband voluntarily returned to Israel by himself that night.
Respondent/wife’s divorce action resulted in a default judgment in her favor. She was awarded sole physical and legal custody of the children. In August 1999, while living in Israel, petitioner/husband brought a petition seeking a writ of habeas corpus pursuant to the Hague Convention and the ICARA (42 USC § 11601), alleging respondent/wife illegally kept children in the United States when she allowed their round-trip tickets to expire without rejoining him in Israel.
- Defenses Raised
-
Article 4
- Statutes Considered (ICARA)
- Articles Considered (Hague Convention)
- 4,
- Cases Considered
- Brooke v. Willis, 907 F.Supp. 57 (S.D.N.Y. 1995); Matter of Brennan v. Cibault, 227 A.D.2d 965 (N.Y.A.D. 1996); Friedrich v. Friedrich, 983 F.2d 1396 (6th Cir. 1993)
- Judicial Outcome or Order
- Return Order Denial Affirmed
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We are a team of individuals from various professional backgrounds who are dedicated to creating a comprehensive resource that will enable mothers, domestic violence advocates, attorneys and judges to better prepare themselves for Hague Convention cases in the United States' legal system.
