Brennan v. Cibault, 643 N.Y.S.2d 780, 227 A.2d 965 (N.Y. App. Div. 1996)

INCADAT legal file Hague parental abduction

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The child, a girl, was almost 2 at the date of the alleged wrongful retention. She had lived in France until 26 June 1995 when her father took her to the United States, his State of origin, for a six week visit.
During the visit the parents decided to separate. They agreed that the child would spend six months in the US, then six months in France. The child was due to return to France with the mother on 1 January 1996.
On 28 December 1995 the father commenced custody proceedings in Oswego County Family Court.
On 4 January 1996 the mother made an oral application for the petition to be dismissed on the basis, inter alia, that the child was being wrongfully retained in New York. The court, however, rejected the mother’s application on the ground that the child was no longer habitually resident in France.
The mother appealed.