Opinion
14329 Dkt. No. V34239-14/17C, V34240-14/17C, V04388/17/17A/17B, V04389/17/17A/17B Case No. 2019–3138
10-12-2021
In the Matter of NAAMYE NYARKO B., Petitioner–Appellant, v. GOODWIN EDWIN C., Respondent–Respondent.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant. Bruce A. Young, Brooklyn, for respondent. Andrew J. Baer, New York, attorney for the children.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.
Bruce A. Young, Brooklyn, for respondent.
Andrew J. Baer, New York, attorney for the children.
Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.
Order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about February 27, 2019, which permitted respondent father to travel with the subject children internationally on 60 days written notice to petitioner mother, unanimously reversed, on the facts and in the exercise of discretion, without costs, and the father's request to travel internationally with the children without restriction denied.
Family Court erred in granting the father's request to modify the custody and visitation order to permit him to travel internationally with the children, particularly to Ghana, which is not a party to the Hague Convention on Civil Aspects of International Child Abduction (1343 UNTS 89, TIAS No. 11670 [1980]; see 51 Fed Reg 10494 [1986] ), as there is no sound and substantial basis in the record to support a finding that such unrestricted international travel is in the best interests of the young children (see Matter of David H. v. Khalima H., 111 A.D.3d 544, 545, 976 N.Y.S.2d 32 [1st Dept. 2013], lv denied 22 N.Y.3d 1149, 984 N.Y.S.2d 289, 7 N.E.3d 502 [2014] ; Matter of Bassuk v. Bassuk, 93 A.D.3d 664, 665, 939 N.Y.S.2d 863 [2d Dept. 2012] ; compare Matter of Ece D. v. Sreeram M., 177 A.D.3d 450, 451, 114 N.Y.S.3d 287 [1st Dept. 2019] ).