In a significant victory under the Hague Convention on the Civil Aspects of International Child Abduction, Tarter Krinsky & Drogin successfully represented a father seeking the return of his five-year-old son to Portugal after the child was wrongfully removed to the United States by his mother. The case, referred to Tarter Krinsky & Drogin by Luísa Campos Ferreira of Lawyers Associated Worldwide (LAW) Portugal partner firm JPAB (Jose Pedro AGUIAR-BRANCO Advogados) and tried in federal court in the Eastern District of New York, involved complex issues of habitual residence, consent, and international relocation.
The child’s family had originally relocated from the United States to Portugal after several years of planning. During this time, the parents worked with a Portuguese attorney to apply for a Golden Visa, made significant financial investments in property in Portugal, built a home in the country, and enrolled the child in school in Portugal.
Although the parties had only been residing in the country for approximately four months at the time of the child’s removal, the court determined that Portugal was the child’s habitual residence. It found that the parents’ actions demonstrated a shared intent to relocate and both were fully engaged in establishing a new life abroad. The mother’s removal of the child to the United States was therefore determined to be wrongful and in direct contravention of the Hague Convention. The court ordered that the child be repatriated to his habitual residence of Portugal for custody proceedings to take place there.
The Tarter Krinsky & Drogin team was led by Andrew Krinsky, founding partner and Chair of the Litigation Practice, with key support from associate Samantha Jacobson litigating the matter and in collaboration with JPAB attorney Isabel Malheiro in navigating local Portuguese custody law. Andrew and Samantha guided the client through a highly sensitive proceeding. The court’s decision that the child be relocated to Portugal reinstated the status quo and affirmed that custody matters must be determined by the courts in the child’s country of habitual residence.
We at LAW would like to congratulate both Tarter Krinsky & Drogin and JPAB for this landmark victory and their successful collaboration across continents. This case exemplifies LAW’s core mission in action, and we are thrilled to see our member firms benefiting from being part of this strong network.
Learn more about our member firms Tarter Krinsky & Drogin LLP and JPAB.