Matter of C.G.P.

[*1] Matter of C.G.P. 2011 NY Slip Op 51594(U) Decided on July 29, 2011 Family Court, Bronx County d'Auguste, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 29, 2011
Family Court, Bronx County

In the Matter of C.G.P., A subject of a Consent to Marry Proceeding



xx/11

 

Mina MacFarlane, Esq.

PO Box 2047

New York, New York 10159-2047

Carole M. Levy, Esq.

901 Sheridan Avenue, 2nd Floor

Bronx, New York 10451

James E. d'Auguste, J.

The Court issued a short-form order on July 29, 2011 ordering the mother, M.A., to return the subject child, C.G.P., to Bronx County, New York from the Dominican Republican on or before August 12, 2011. This decision briefly explains the Court's reasoning for directing the return of the subject child to New York.

The instant petition was allegedly filed as a result of a Hobson's choice placed upon the subject child by her mother: marry a man that was originally charged with raping her or be sent to the Dominican Republic to live with a father she has little relationship with. It appears that once the mother learned that the Court was inquiring as to the circumstances surrounding the filing of the instant petition, namely when it directed an ACS investigation, the mother removed the child from New York and sent her — as allegedly threatened — to the Dominican Republic. Consistent with the jurisdiction this Court has in the instant proceeding and the recently filed guardianship proceeding, the subject child shall be returned to New York so that she can properly communicate with her attorney and be made available for further court proceedings.