New York Matrimonial Trial Handbook

The New York Matrimonial Trial Handbook by Joel R. Brandes is available in Bookstores and online in the print edition at the Bookbaby Bookstore, Amazon Barnes & Noble, Goodreads and other online book sellers. It is also available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore. The New York Matrimonial Trial Handbook is divided into five parts: (1) Preliminary Matters Prior to the Commencement of Trial, Conduct of Trial and Rules of Evidence Particularly Applicable in Matrimonial Matters; (2); Establishing Grounds for Divorce, Separation and Annulment and Defenses; (3) Obtaining Maintenance, Child Support, Exclusive Occupancy and Counsel Fees; (4) Property Distribution and Evidence of Value; and (5) Trial of a Custody Case. There are thousands of suggested questions for the examination and cross-examination of witnesses dealing with very aspect of the matrimonial trial. Click on this link for more information about the contents of the book and on this link for the complete table of contents.

The New York Matrimonial Trial Handbook was reviewed by Bernard Dworkin, Esq., in the New York Law Journal on December 21, 2017. His review is reprinted on our website at with the permission of the New York Law Journal.

Joel R. Brandes, is the author of Law and The Family New York, 2d (9 volumes) (Thomson Reuters), and Law and the Family New York Forms (5 volumes) (Thomson Reuters). Law and the Family New York, 2d is a treatise and a procedural guide. Volume 4A of the treatise contains more than 950 pages devoted to an analysis of the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act. It contains a complete discussion of the cases construing the Convention which have been decided by the United States Supreme Court, the Circuit Courts of Appeal, the District Courts, and the New York Courts.

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Friday, July 20, 2018

Law and The Family New York, 2d Ed by Joel R. Brandes contains almost 900 pages devoted to the Hague Convention on the Civil Aspects of International Child Abduction

Law and the Family New York, 2d Edition Revised
By Joel R. Brandes

Table of Contents, Volume 4 A, Pages 234-1111
Chapter 1

Hague Convention on the Civil Aspects of
International Child Abduction
§ 1:153 Nature and purpose of the Hague Convention and
§ 1:153.10 Text of the Convention on the Civil Aspects of
International Child Abduction done at the Hague on
October 25, 1980
§ 1:153.20 Text of the International Child Abduction Remedies Act.
§ 1:153.30 Central authority
§ 1:153.50 Hague Convention—Introduction to this Chapter
§ 1:153.60 Interpretation of The Hague Convention
§ 1:154 Applicable to habitual resident of state signatory countries
§ 1:154.10 Applicable only to Children less than 16 years old
§ 1:154.20 Defining “Habitual Residence”
§ 1:154.30 Wrongful Removal or Retention
§ 1:155 Rights of custody
§ 1:155.10 Rights of custody defined
§ 1:155.20 Ne exeat and Patria potestas—Defined
§ 1:155.30 Ne exeat rights and Patria potestas as rights of custody
§ 1:155.40 Rights of access distinguished
§ 1:155.50 Exercising rights of custody—Liberal approach
§ 1:156 Defenses to return under the Hague Convention—In
§ 1:157 Article 12: one-year limitations exception—The “now
settled” defense
§ 1:157.50 Article 12: one-year limitations and “now settled”
exception—Equitable tolling
§ 1:158 Article 20: Human rights and Fundamental Freedoms
exception—The human rights defense
§ 1:159 Article 13(a): consent or acquiescence exception—The
Consent defense
§ 1:160 Article 13 (b)—Grave Risk of Harm Exception—The Grave
Risk of Harm Defense
§ 1:160.10 — — —Undertakings
§ 1:161 Article 13: Wishes of the child exception—The “Age and
Maturity” defense
§ 1:162 Article 18—Discretion to Order Return of Child Where
Defense Established
§ 1:163 Effect of notice of custody dispute—Automatic stay of
state court custody determinations
§ 1:164 Article 26—Security, Costs and Expenses
§ 1:165 Central Authority—Non-judicial remedies
§ 1:166 —Application to Central Authority
§ 1:167 —Statement of reasons for delay
§ 1:168 Right to Exercise Federal and state judicial remedies
§ 1:168.10 Federal Subject Matter Jurisdiction—In General
§ 1:168.20 Federal Subject Matter Jurisdiction Under the
International Child Abduction Remedies Act
§ 1:168.30 Federal Question Jurisdiction
§ 1:168.40 —Venue
§ 1:168.50 Standing to File a Hague Petition in Federal District
§ 1:169 Commencement of proceedings—Jurisdiction and Venue
§ 1:169.10 Pleading Requirements and Service of Summons in Hague
Convention Cases—In General
§ 1:169.20 Commencment of Proceedings Under ICARA—Definitions
§ 1:169.30 Stay of Custody Proceedings After Notice of Wrongful
Removal or Retention—Article 16
§ 1:169.40 Article 17—Effect of State Court Decision after Notice
§ 1:169.60 Article 11—Expeditious Determination
§ 1:169.70 Motion Practice in Hague Convention Cases—In General
§ 1:170 Notice of commencement of proceedings
§ 1:171 Petitioner’s burden of proof
§ 1:172 Respondent’s burden of proof
§ 1:173 Determination as to Wrongful Removal From Authorities
of State of habitual residence of child
§ 1:174 Provisional Remedies—Temporary Restraining Order,
Surrender Passport, Post Bond, Temporary Custody and
Access to Child
§ 1:175 Appointment of Guardian Ad Litem and Attorney for the
Child In Hague Convention Cases
§ 1:176 Legal aid
§ 1:177 Full faith and credit
§ 1:177.08 Jurisdiction to enforce rights of access
§ 1:177.16 Pleading Requirements
§ 1:177.20 Default Judgment
§ 1:177.24 Removal of state Hague proceedings to federal court
§ 1:177.32 Discovery
§ 1:177.40 Federal Abstention Under the Younger and Colorado River
Abstention Doctrines
§ 1:177.48 Denial of Relief under the Fugitive Disentitlement
§ 1:177.56 Applicability of the Mootness Doctrine
§ 1:177.64 Withdrawal or dismissal of own petition
§ 1:177.72 Availability of summary judgment
§ 1:177.74 Referral of Hague Convention Petition to Magistrate
Judge to Report and Recommend
§ 1:177.76 Summary bench trial
§ 1:177.80 Rules of Evidence, Admissibility of Foreign Documents
and Expert Opinion—In General
§ 1:177.82 Testimony By Video Transmission from a different location
§ 1:177.86 Judicial notice of foreign law
§ 1:177.87 Child’s Right to Appeal
§ 1:177.88 Jurisidiction of District Court to Maintain Status Quo
Pending Appeal
§ 1:177.89 Judgment of District Court for Return. Remedies. Motion
for New Trial. Enforcement of Judgment
§ 1:177.90 Standard of review
§ 1:177.91 Issuance of Mandate by Court of Appeals
§ 1:177.92 Hague Convention Proceedings in New York State
Courts—Commencement of Proceedings
§ 1:177.93 State Court Jurisdiction of Hague Convention Cases
§ 1:177.94 Hague Convention Proceedings in New York State
Courts—Habitual Residence
§ 1:177.96 —Grave Risk of Harm
§ 1:177.98 Conditional order granting return of child
§ 1:178.99 Re-return order