Lawyers Manual - Unified Court System

116 Liberty Aldrich and Lauren Shapiro
At the hearing, you should ask the court to appoint a law guardian and to
order an investigation. Consider using an expert witness to establish imminent
risk and asking the court to appoint a forensic expert. You can also ask the court
of the state in which the custodial parent resides to prepare a home study for the
hearing. If a case is pending in the home state, the batterer may seek a dismissal
or stay of the action in New York. In response you can argue that the home state
should decline jurisdiction because defending the action in that state would put
the parent and child at risk and that New York is the more convenient forum.
Conclusion
Interstate cases can take a long time to make their way through the courts,
and, in the meantime, hinder your client’s ability to protect herself and her
children from continued abuse. Although the UCCJEA and other statutes
provide advocates with some tools to argue on behalf of domestic violence
victims, overcoming the presumption in favor of home state jurisdiction can be
difficult. If an interstate case is commenced, the jurisdictional argument can end
up being the key to winning. The choice between litigating long-distance or
returning to an unsafe jurisdiction can overwhelm even the most persistent
parent, but continued pressure and the threat of a court order can succeed in
returning improperly removed children. Similarly, careful advocacy and safety
planning can help support your clients’ efforts to find refuge in a new
jurisdiction.