Family Law Matters
The following matters are representative of family law issues we have been retained to handle.
L.S. v. A.B. US District Court for the Eastern District of New York. Mr. Saltzman successfully defended a New York based father against a petition brought under the Hague Convention on Civil Aspects of International Child Abduction. The petition sought the return of three children to Switzerland. After a lengthy and highly contested trial the petition was denied and the children were allowed to remain in New York with their father.
H.T. v. D.H. In California Superior Court Mr. Saltzman's expert opinion on the unique challenges that await anyone pursuing a claim under the Hague Convention on Civil Aspects of International child Abduction in Israel was instrumental in causing father to withdraw his request to travel abroad with the parties' minor child and preserving safeguards to prevent her wrongful retention there.
M.L v. E.C. New York Family Court magistrate found that mother/ petitioner was neither found nor resided in New York and therefore dismissed her support petition since neither she nor the Australian father lived in New York. Mr. Saltzman filed objections on this ruling since, while mother did not in fact reside in New York at that time, she was "found" there insofar as she managed a business in New York, continued to pay taxes there and had other demonstrable connections to it. Our objections were successful and the court reinstated the petition allowing petitioner to obtain not only the earlier start date for support calculations, but also other significant benefits of New York law as they apply to child support issues.
C.F. v. S.Z. Mr. Saltzman's expert opinion in connection with petitioner's rights of custody under New York law was relied on by Swiss court in context of proceeding initiated by petitioner under the Hague convention on Civil Aspects of International Child Abduction. The Swiss court found that the father did have rights of custody and has ordered the return of the child to New York.
P.I. v. A.W. Mr. Saltzman testified as an expert witness on behalf of respondent in this case before the New York Family Court. The Court relied on Mr. Saltzman's testimony in finding that the Israeli arbitration judgment which petitioner sought to have enforced in New York had not been properly ratified under Israeli law and was therefore unenforceable and dismissed the petition.
A. v. A. New York Supreme Court, Nassau County: We successfully moved to dismiss this custody action. Mother, while pregnant, had moved to Canada and given birth there. Father, remaining in New York, attempted to invoke New York jurisdiction over issues of custody. Supreme Court, Nassau County, accepting our arguments based on New York's Domestic Relations Law found that New York could not be considered the child's home state and lacked jurisdiction to adjudicate issues related to this child's custody.
C.L. v. E.M. - Family Court Queens County, New York. Obtained writ of habeas corpus directing that mother return minor child to the United States from Canada.
OM v. EP US District Court, Eastern District of New York: Our office successfully defended a New York based father in connection with a proceeding filed under the Hague Convention on Civil Aspects of International Child Abduction in United States District Court for the Eastern District of New York. The proceeding was initiated by the Petitioner mother, based in Ecuador. After a highly contested trial US District Court found that the child's country of habitual residence had always been the United States and that Petitioner failed to prove a prima facie case under the Hague Convention.
K. v. L. Family Court Queens County, New York: Our office successfully moved to dismiss this child support action for lack of jurisdiction. Petitioner mother had relocated to New York from abroad while still pregnant with the parties' child. Respondent had no connection to New York and none of the conditions for the exercise of long arm jurisdiction in relation to him under the Family Court Act were met. Therefore the action was dismissed.
K. v. P. Supreme Court, New York County, New York: Our office successfully moved to dismiss this divorce action insofar as it sought ancillary relief (specifically maintenance and equitable distribution). The court lacked jurisdiction over the defendant, a non- US domiciliary with tenuous contacts in New York.
CH v. TH California. Provided expert opinion for use in action in California pertaining to the legal and practical risks associated with travel to Israel and that country's application of the Hague Conventionon on Civil Aspects of International Child Abduction.
GP v. KC- Family Court Rockland County, New York. Located and obtained custody of child who had been abducted from the Netherlands by her mother, who was concealing the child's whereabouts in Rockland County, New York.
YE v. SE Successfully negotiated agreement allowing New York based mother to relocate to Israel with her children.
JF v. MF Supreme Court Queens County, New York: Negotiated complex stipulation of settlement including detailed provisions which allowed travel of children outside the United States only under stringent conditions which would greatly minimize the risk of non-return and simplify any proceeding which might be required under the Hague convention to obtain their return.
B.O. v. A.O.- Family Court Queens County, New York/ Israel. Obtained return of 2 minor children who were being wrongfully retained in Israel by their mother.
R. v. R. - Supreme Court New York County, New York. Negotiated terms and conditions for participation of New York based non party in deposition in connection with delicate matters related to Alaskan divorce proceeding.
K. v. K. Texas. Provided expert opinion as to enforceability of Jewish marriage contract (Ketubah) in Texas civil divorce proceeding.
S. v. S Family Court Nassau County, New York. Obtained writ of habeas corpus and custody order for Father whose three minor children had been abducted by their mother to Singapore. Unfortunately Singapore is not a party to the Hague Convention on Civil Aspects of Child Abduction and absent the mother's cooperation law enforcement measures remain the father's best option for obtaining reasonable access to his children. The New York order and the arrest warrants issued on its basis will assist in this.
YJ v. TJ - Family Court Kings County, New York/ Israel. Obtained return of three minor children who had been abducted by their mother to Israel.
TP v. AP- Obtained return of two minor children who were being wrongfully retained in New York to their mother in Sweden.