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Thursday, December 18, 2008

J.A v. A.T.

The Court held that application of the first filed doctrine to register and enforce a custody order issued by a Greek court would contravene public policy, despite the fact that there was evidence that plaintiff participated in the Greek proceeding through a representative and filed a counterclaim for custody in that action. We found that apart from the fact that the order granting custody to defendant was temporary, the record was devoid of evidence that the court considered any of the statutory factors outlined in N.J.S.A. 9:2-4(c) before reaching its decision. Thus, we concluded that "special equities" militated against according deference to the temporary custody determination by the Greek court.

Editor: Caitlin Yaeger