Statement for release 81215

Judge Gesmer either lacked sufficient knowledge of the law, or didn't care that she was violating the law, because the it is well established that when a child's parents agree that a child will remain a "habitual resident" of the United States, no other country can declare that child a "habitual resident." Guzzo v.

Cristofano, 719 F.3d 100 (2d Cir.2013)(even though child was declared a “habitual resident” in Italy, the parents’ shared intent that the child would reside in United States predominated over Italy's declaration of habitual residence there). Polliero v. Centenaro, 373 Fed. Appx. 102 (2d Cir. 2010)(where parents did not have shared intent to abandon children’s initial habitual residence, temporary residence elsewhere could not be established).

It is profoundly disturbing that a judge in an American court of law would denigrate this country's Constitution, and my children's precious citizenship rights, in favor of an illegal declaration from a foreign country, especially where no government official in that foreign country has expressed an interest in enforcing that illegal declaration, or otherwise forcing my children to leave the United States.

In fact, Monaco has yet to determine whether it even has jurisdiction at all over my children's custody. A hearing on that issue is scheduled for September 3.

Which means Judge Gesmer forced my children to leave their own country based on an order from a country that not only expressed no interest in forcing my children to leave the United States, but has yet to determine that it has any jurisdiction over the children at all.

This case is simple. My ex-husband and I, and the California court, agreed in 2012 that the children's court-ordered stay abroad would be temporary, and that they would reside with their father briefly, solely to accommodate him while he undertook to resolve his U.S. work visa problems. He did nothing whatsoever to resolve his visa issues for three years, while my children and I waited patiently for some U.S. court to say "that's enough time - the temporary period is over and the children must return to their own country either with their father or without him."

When both California and New York declined jurisdiction this July, the temporary period ended by force of law because no court in this country had an order in place rehiring my children or me to do anything. Never in my worst nightmares did I envision the children's father to angrily, and unlawfully take legal action in New York to cause my children further pain, by demanding their forced exile beyond an already too long period of three years. Nor did I envision a judge my own country violating the Constitution and adding to my children's suffering by indulging his tactics.

Judge Gesmer lacked the capacity, the will or the knowledge to do the right thing, but I will continue to fight for my children, and one day I will land in the courtroom of a decent judge. My children ask me all the time if I am still fighting for them, and I always tell them the day will never come when I say "no."

As for Judge Gesmer, she has to live with herself, and if she has a conscience, I suspect she will not sleep well, ever again.