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MG v. WZ, 46 Misc.3d 372, 998 N.Y.S.2d 563, 2014 N.Y. Slip Op. 24296

Facts

The mother, MG, obtained custody of the child, DZ, on default in 2011. The father, WZ, sought to reopen the custody order and petition for the child's return to the Dominican Republic under the Hague Convention. The child had been living in the United States since May 2010, after the mother traveled there with the father's consent. The court found that the child had adjusted well to life in the U.S., attending school and engaging in community activities.

The mother, MG, obtained custody of the child, DZ, on default in 2011. The father, WZ, sought to reopen the custody order and petition for the child's return to the Dominican Republic under the Hague Convention. The child had been living in the United States since May 2010, after the mother traveled there with the father's consent. The court found that the child had adjusted well to life in the U.S., attending school and engaging in community activities.

Issue

Was the child's habitual residence in the United States or the Dominican Republic, and should the child be returned to the Dominican Republic under the Hague Convention?

Was the child's habitual residence in the United States or the Dominican Republic, and should the child be returned to the Dominican Republic under the Hague Convention?

Rule

Under the Hague Convention, a child must be returned to their habitual residence unless certain exceptions apply, including the child being settled in their new environment.

Under the Hague Convention, a child must be returned to their habitual residence unless certain exceptions apply, including the child being settled in their new environment.

Analysis

The court analyzed the shared intent of the parents regarding the child's residence and determined that their last shared intent was for the child to reside in the United States, contingent upon the child obtaining permanent residency and adjusting to life there. The court found that these conditions had been met, as the child had obtained permanent residency and was thriving in the U.S.

The court analyzed the shared intent of the parents regarding the child's residence and determined that their last shared intent was for the child to reside in the United States, contingent upon the child obtaining permanent residency and adjusting to life there.

Conclusion

The court denied the father's petition for the child's return to the Dominican Republic, concluding that the child's habitual residence was in the United States.

The court denied the father's petition for the child's return to the Dominican Republic, concluding that the child's habitual residence was in the United States.

Who won?

The mother prevailed in the case because the court found that the child's habitual residence was in the United States, and the father failed to demonstrate that the child should be returned to the Dominican Republic.

The mother prevailed in the case because the court found that the child's habitual residence was in the United States, and the father failed to demonstrate that the child should be returned to the Dominican Republic.

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