Rey v. Spinetta
Cases that cite this one
22 later published cases cite this decision.
- Matter of Goode v. Sandoval (Appellate Division of the Supreme Court of New York 2019)
- Scala v. Tefft (Appellate Division of the Supreme Court of New York 2007)
- Matter of Mark AA. v. Susan BB. (Appellate Division of the Supreme Court of New York 2024)
- Matter of Helmeyer v. Setzer (Appellate Division of the Supreme Court of New York 2019)
- Matter of Ralph E.B. v. Jovonna K.F. (Appellate Division of the Supreme Court of New York 2019)
- Matter of Brinkley v. Flood (Appellate Division of the Supreme Court of New York 2019)
- Matter of Cody RR. v. Alana SS. (Appellate Division of the Supreme Court of New York 2019)
- Pyronneau v. Pyronneau (Appellate Division of the Supreme Court of New York 2015)
- Matter of Williams v. Davis (Appellate Division of the Supreme Court of New York 2014)
- Matter of Mojica v. Denson (Appellate Division of the Supreme Court of New York 2014)
- Ramirez v. Gunder (Appellate Division of the Supreme Court of New York 2013)
- Ramirez v. Gunder (Appellate Division of the Supreme Court of New York 2013)
- Guzman v. Guzman (Appellate Division of the Supreme Court of New York 2012)
- Hassan v. Silva (Appellate Division of the Supreme Court of New York 2012)
- Hassan v. Silva (Appellate Division of the Supreme Court of New York 2012)
- Knight v. Morgan (Appellate Division of the Supreme Court of New York 2011)
- Elbakri v. Farag (Appellate Division of the Supreme Court of New York 2010)
- Ferris v. Quinones (Appellate Division of the Supreme Court of New York 2007)
- Michael McC. v. Manuela A. (Appellate Division of the Supreme Court of New York 2007)
- Greenidge v. Greenidge (Appellate Division of the Supreme Court of New York 2005)
- Regard v. Polite (Appellate Division of the Supreme Court of New York 2005)
- Jenkins v. Jenkins (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Richmond County (Cohen-Gallet, R.), dated May 2, 2003, which, in effect, dismissed her petition for modification of an order of the same court dated February 10, 2003, which granted the father’s petition for permission to relocate with the subject child to North Carolina and modified her visitation schedule, on the ground of forum non conveniens.
Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Richmond County, for further proceedings consistent herewith.
The parties were divorced by order of the Family Court of South Carolina, Greenville County (hereinafter the South Carolina court), dated June 25, 1997. The South Carolina court awarded custody of the parties’ child to the father and visitation rights to the mother. In April 2002, the mother, a New Jersey resident since the divorce, filed a petition in Family Court, Richmond County, for a modification of the custody order of the South Carolina court. In August 2002, the father filed a petition in the Family Court, Richmond County, for permis
The Family Court had jurisdiction to hear the mother’s petition for modification pursuant to Domestic Relations Law § 76-a (2) since it would have had jurisdiction for an initial child custody determination under Domestic Relations Law § 76 (1) (d).
Pursuant to Domestic Relations Law § 76-f, a court of this state which has jurisdiction may decline to exercise it if it finds that New York is an inconvenient forum and that a court of another state is a more appropriate forum. However, the court is required to consider the factors set forth in Domestic Relations Law § 76-f (2) (a)-(h) and allow the parties to submit information regarding these factors before determining that New York is an inconvenient forum. There is no indication that the Family Court considered any of the factors. Therefore, although the Family Court had the authority to dismiss the petition, it was an improvident exercise of its discretion to do so without considering the factors set forth in Domestic Relations Law § 76-f (2) (a)-(h) (see Matter of Dawber v Kelly, 287 AD2d 625 [2001]).
Accordingly, we remit the matter to the Family Court, Richmond County, for further proceedings consistent herewith, including development of the facts pertaining to the statutory factors upon which it must make a new determination as to jurisdiction (see Matter of Dawber v Kelly, supra). Santucci, J.P., Smith, Crane and Fisher, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.