NEW JERSEY DIVORCE : INTERNATIONAL CUSTODY

On the mother's appeal, the circuit panel reverses the District Court judge's grant of the application of the father for the return of his daughter to Argentina pursuant to the Hague Convention. On remand, the trial judge must explore: (1) the custody law of Argentina; (2) the terms of the parties' New Jersey custody agreement; (3) whether that agreement is enforceable under Argentine law; and (4) whether the father has -- either under the agreement or Argentine law -- custody rights or mere rights of access, and whether he was validly exercising those rights at the time the child was removed.  In Re Application of Adan, etc., ___F. 3d ___ (3d. Cir. 2006); February 13, 2006