Foley v. Foley

OPINION OF THE COURT

Andrew V. Siracuse, J.

This action is the second divorce action between the parties; the first was commenced over a year ago in Massachusetts, where the parties were then residing before moving to New York. The issue it presents is one of first impression in New York: does Massachusetts retain jurisdiction over custody issues raised in the prior action? Following the Parental Kidnaping Prevention Act (28 USC § 1738A) (P.K.P.A.), this court holds that the parties’ year-long absence from Massachusetts deprives that State of jurisdiction, although it originally had…