Tuesday, July 15, 2014

CHIILD CUSTODY - PASSPORT

There are parents who live in desperate fear that the other parent will abduct their child to another country and that they will never see the child again. There are parents who desperately want to “go home” with their child to their country of origin.

In Matter of Hamad v Rizika 2014 NY Slip Op 03266 Decided on May 7, 2014 Appellate Division, Second Department:

"In October 2010, the Supreme Court awarded the mother custody of the subject child, with visitation to the father. In August 2012, the mother filed a petition to modify the provisions of the order of custody and visitation, among other things, so as to grant the father only supervised visitation with the subject child. The father filed a cross petition seeking expanded visitation. As relevant here, the Supreme Court directed that neither parent could leave the country with the subject child absent a court order, that the father was not to obtain an Egyptian passport for the child, and that the mother was to deliver the child's passport to the court. On appeal, the mother contends that there was no basis for the Supreme Court's directive that she deliver the subject child's passport to the court.

Under the circumstances of this case, the Supreme Court erred in directing the mother to deliver the subject child's passport to the court (see generally Linda R. v Ari Z., 71 AD3d 465, 465-466; Anonymous v Anonymous, 120 AD2d 983, 984; Jin C. v Juliana L., 39 Misc 3d 1201[A], 2013 NY Slip Op 50397[U] [Sup Ct, Kings County]). There is no evidence in the record that the mother posed any threat to remove the subject child from the country without court approval and, therefore, there was no basis for the Supreme Court's directive that she deliver the child's passport to the court."

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