Father Ordered To Produce Children in New York

This is a case with international implications. The mother and father were married in Yemen. After being married in Yemen they relocated to New York. The parties had children and the children were returned to Yemen in the year 2011. The parties were eventually divorced in Yemen. The father took the position that pursuant to the Yemen divorce that he was the residential custodial parent of the parties’ children.

Writ of Habeas Corpus

The father returned to New York allegedly for medical purposes and while he was in New York the mother brought a writ of habeas corpus which directed that the children be produced in court in New York. The mother took the position the father was “not just a flight risk, but a flight guarantee.” She took this action in response to an application by the father for the return of his passports so he could travel to Yemen.

The mother claimed the father had restricted her access to the children. She claimed there were issues concerning the children’s safety in Yemen.

The court took into consideration that the Yemen judgment, although granting the father custody, did not limit the New York court to giving the mother visitation rights with her children. The court stated maintaining the relationship between the mother, the non-custodial parent, and her children was in the children’s best interests. In addition the court found an extended visit with the mother was also in the children’s best interests. The court therefore granted her writ of habeas corpus. The father was directed to produce the children in New York. The court also ruled that there would be a trial thereafter.

Elliot S. Schlissel is a matrimonial and family law attorney. His office has been involved in a number of international custody cases.