STATE COURT DECISIONS
On April 4th, 2007 the appellate division of the New Jersey Superior Court issued a published 64 page decision that analyzes this case in great detail. This decision was reached after an open hearing on the matter in February 2007 that was attended by a delegation of Spanish government officials, representatives from the Spanish Consulate, political party members from Valencia and press from a range of Spanish media outlets. Attorneys for both sides argued their cases in a completely fair and open hearing before a three judge panel.
The appellate court ruled that the lower court's determination of jurisdiction, custody and sanctions was fair and appropriate. The court cited that Spanish courts decision in The Hague petition filed by Mr. Innes was a glaring departure from the treaty and violated the fundamental rights of Mr. Innes. By establishing that New Jersey was Victoria's habitual residence and then completely ignoring New Jersey law, the Spanish courts failed to properly apply the terms of the treaty and therefore the decision could not be recognized by New Jersey.
As for the custody determination, the appellate court agreed with the lower court that Mr. Innes was awarded sole legal custody of Victoria based on the best interest of the child standard and by that standard, Ms. Carrascosa was considered an unfit mother. Further, the appellate court refused to lift any sanction imposed on Ms. Carrascosa including her incarceration and sanctions totaling $147,000.
However, the court reminded Ms. Carrascosa that custody of children can change if there is a change of circumstance. The court then suggested that if Victoria is returned and the Spanish litigation is dismissed, this would reflect a change of circumstance that would warrant reconsideration of the custody issue. In doing so, the court is offering Ms. Carrascosa the opportunity to end her incarceration and resolve the matter in the best interest of Victoria.
So far, there is no indication the Carrascosa family is going to cooperate.
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Click on the link below to access the NJ Appellate Court Decision:
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