In the case of G v. S, the Queens County Supreme faced a custody dispute involving the parties' child. Initially, both parents filed family offense petitions against each other in 2018, followed by custody petitions. At that time, the mother lived in Queens, New York, while the father resided in Englewood, New Jersey.
In November 2020, the mother moved with the child to New Jersey. Despite this move, the court initially denied the mother's request to transfer jurisdiction to New Jersey in July 2021, citing that most evidence was still in New York.
However, circumstances changed significantly by January 2023. The child had been diagnosed with stage-four kidney cancer and was receiving treatment in New Jersey. The youngster had also been attending school in New Jersey for nearly two years, and allegations of neglect or abuse were being investigated by New Jersey authorities. Additionally, the father had relocated to Florida in June 2022.
Given these substantial changes, the court reconsidered the mother's renewed application to transfer jurisdiction. On January 9, 2023, the court found New York to be an inconvenient forum and determined that New Jersey was more appropriate. Consequently, on January 24, 2023, the court dismissed the custody petitions, affirming that New Jersey should handle the case.
On appeal, the Appellate Division, Second Department, affirmed the outcome, particularly since the lower court's decision was based on several factors, including the child's medical needs, the length of time the child had lived in New Jersey, the investigation by New Jersey authorities, and the father's relocation to Florida. The AD2 also considered the impending retirement of the assigned judge, which would necessitate a new judge regardless of the jurisdiction.
Ultimately, the court below was found to have properly exercised its discretion to transfer the case to New Jersey, ensuring that the child's best interests were prioritized.
Was common sense the real inconvenience all along?
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DECISION