WALES FLAGOn May 3, 2016, New York Supreme Court Ordered a minor’s return to her habitual residence which the Court found to be Cardiff, Wales. In this case, the mother received father’s permission to go on vacation with their 3 year old daughter to Bangladesh. When they did not sign in for their return trip from Bangladesh to the U.K., the father contacted the Gourvitz firm to aid in the return of his daughter. The daughter was first discovered in N.J. and within 24 hours Elliot Gourvitz had obtained an emergent Order from the Morris County Superior Court. The Gourvitz firm in house security advisor determined that the mother and daughter were no longer in New Jersey and were somewhere in Jamaica, Queens. Ari Gourvitz immediately went to the New York Supreme Court on a Hague Application and request for a Writ of Habeas Corpus. It was requested that the Court take emergent jurisdiction and Order not only the child’s return, but that temporary emergent custody be awarded to father pending return to Wales and subject to proceedings there. The State judge, who did not understand the proceedings, and castigated Gourvitz for the application and his perceived “condensation” when he tried to explain the procedure, demanded proof of the use of this procedure in New York. Ari Gourvitz who was familiar with the resistance that he usually receives from State Court Judges not schooled in the Hague and its procedures immediately produced it, along with a list of Judges who this Judge could confer with if need be. After a 2 hour recess, the Judge did not apologize but simply said Gourvitz was right and signed the Order to Show Cause/Writ of Habeas Corpus, but would not sign an Order for the immediate turnover of the child until 4 days later when he simply ordered the wife to come to court with the child. Anticipating that this would happen, Elliot Gourvitz previously contacted the British Embassy and requested that the mother and child’s passports be flagged. On the the return date, May 2, 2016, and despite the fact that the Sheriff was unable to personally serve the mother who continued to evade service of process with the Court documents, calls were made to relatives, acquaintances, and friends in the Bangladesh community, as well as the Respondent-Mother’s family, to compel her appearance. After a hearing, the New York Supreme Court determined that the Court had jurisdiction pursuant to the Hague Convention and I.C.A.R.A. 42 U.S.C. Sect. 11601 et. Seq. and that the child’s habitual residence of the parties’ infant daughter was in the United Kingdom (Wales). The Court Ordered the Child’s return that night and the child is currently safe in Wales with her father. The Mother who was pregnant with the parties second child decided to return that same night to Wales with the Father and Child.

Gourvitz & Gourvitz LLC.

New Jersey
505 Morris Avenue
Suite 102
Springfield, New Jersey 07081
Telephone: (973) 467-3200
Fax: (973) 467-4091
New York
142 West 57th St
11th Floor
New York, New York 10019
Telephone: (212) 586-1700

We Accept

Pay Your Invoice

*Note that no aspect of Super Lawyer’s and Avvo advertisement have been approved by the Supreme Court of New Jersey. Click here to view the awards and methodology of Super Lawyer’s and Avvo.