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People ex rel. Bruzzese v. Bruzzese
Citations: 74 A.D.2d 615; 424 N.Y.S.2d 492; 1980 N.Y. App. Div. LEXIS 10267
Court: Appellate Division of the Supreme Court of the State of New York; February 10, 1980; New York; State Appellate Court
In a habeas corpus proceeding regarding the custody of two children, the father appeals a Supreme Court judgment from February 9, 1979, which upheld the writ granting custody to the mother without a hearing, and an order from February 26, 1979, denying his reargument motion. The appellate court previously remitted the case to Special Term to address specific custody-related questions, including the jurisdiction of New York courts under section 75-d of the Domestic Relations Law, the applicability of forum non conveniens, and whether enforcing the custody agreement serves the children's best interests. The appeal on the order of February 26, 1979, was dismissed as no appeal is allowed from a denial of reargument. The February 9 judgment was reversed, and the petition was dismissed. The custody dispute arose from a separation agreement executed on June 14, 1978, awarding custody to the mother and allowing her to move to Texas with the children, while providing the father temporary custody during Christmas. The mother sent the children to New York for a week, but the father refused to return them and subsequently filed for divorce and custody. The proceeding in New York was initiated by the mother after the father's refusal. Although the parties appeared before Special Term on January 25, 1979, no plenary hearing was conducted on custody, the children's best interests, or jurisdiction. Following the appellate court's directive, a hearing was held in October 1979, during which evidence of a Texas divorce judgment was presented, indicating that the Texas court lacked jurisdiction over the children in New York. Special Term ultimately concluded that New York courts have jurisdiction for permanent custody determinations based on the finding that New York was the children's "home state" at the time the custody proceeding began, as defined under sections 75-c and 75-d of the Domestic Relations Law. Jurisdiction over the custody matter was deemed necessary by the court due to significant connections between the appellant and the children, and the presence of substantial evidence within the state regarding their care and relationships. The court determined that exercising jurisdiction should not be denied based on forum non conveniens or the appellant's conduct under the 'unclean hands' principle, as evidence presented showed the children were well cared for by their father. Additionally, the court found that enforcing the existing custody agreement would not serve the children's best interests, supported by the petitioner’s testimony favoring the children remaining with the father. Consequently, the court concluded that the writ was improperly sustained, aligning with precedents cited.