Participating in Foreign Matrimonial Actions

When a couple living in New York has connections to a foreign country, problems can arise during the parties’ divorce.  If one party goes to the foreign country and seeks a divorce there, while a family court action is pending in New York, rulings by the foreign court MAY affect the family court action in New York and may result in a dismissal of the New York action.  Rulings of foreign courts are generally recognized by New York courts, unless they offend public policy of this State.  A party who has appeared in New York can potentially lose rights to which he or she would be entitled in state court if the foreign court enters a decision in the foreign case first, leaving New York courts with nothing to litigate.  The plaintiff in New York may try to attack the validity of the foreign judgment in a collateral proceeding in New York, but if he or she has participated in the foreign action, the result in that court is likely to be followed by a New York court.  (But remember – a New York court might choose to abide by a foreign order or judgment even if the defendant in the foreign action failed to participate in the foreign action.)  This could have serious ramifications in international child abduction cases involving countries that are not signatories to the Hague Convention on the Civil Aspects of International Child Abduction.  If a parent takes a child from the United States in a manner that violates the Hague Convention, an order of the foreign court, granting custody to the abductor, might be recognized by a New York court as valid if the non-abductor participated in the foreign court proceeding.  Before agreeing that a foreign court may assume jurisdiction in a divorce matter, a litigant should consider whether actions taken in the foreign court might impact negatively on issues of child custody or equitable distribution in America. As this is a general summary only and is not to be relied upon in any particular case, it is essential to consult an experienced divorce lawyer with experience in international divorces.