Reid v. Remekie
1:25-cv-00904
E.D.N.YJun 26, 2025Background
- Audley Reid (Petitioner, Jamaican citizen) filed a petition under the Hague Convention and ICARA seeking return of his two minor children after their mother, Nina Remekie (Respondent, dual Jamaican/U.S. citizen), removed them from Jamaica to New York on January 24, 2025.
- The parties had a cross-border relationship, living in both Jamaica and New York; the children were born in New York but spent significant periods living in Jamaica, especially throughout 2024.
- Procedural posture: District Court held a three-day bench trial after initial restraining orders and submissions by both parties.
- Petitioner argued Jamaica was the children’s habitual residence; Respondent asserted New York was, and argued that even if Jamaica was the habitual residence, returning the children would expose them to a grave risk of harm due to alleged abuse.
- The court found the Petitioner credible regarding the habitual residence issue and found Respondent’s allegations of abuse insufficiently supported, both factually and under the controlling legal standard.
- The Court granted the petition for return of the children to Jamaica, reserving the issue of costs and attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Habitual residence of children | Children resided in Jamaica; Jamaica was habitual | Children’s habitual residence remained New York | Jamaica was habitual residence at time of removal |
| Breach of custody rights | Reid had custody rights under Jamaican law, actively exercised | No genuine dispute (argued removal not wrongful) | Removal breached Petitioner’s rights, rights exercised |
| Grave risk of harm defense | No grave risk; allegations isolated/incidental | Domestic violence/abuse creates grave risk if returned | No clear/convincing evidence of grave risk to children |
| Credibility of abuse allegations | Abuse claims unsupported by persuasive evidence | Respondent claims manipulation and physical/emotional abuse | Abuse allegations not sufficiently credible or pervasive |
Key Cases Cited
- Golan v. Saada, 596 U.S. 666 (2022) (clarifies court’s discretion on ameliorative measures after grave risk findings under Hague Convention)
- Abbott v. Abbott, 560 U.S. 1 (2010) (under Hague, custody rights include right to choose child’s place of residence)
- Monasky v. Taglieri, 589 U.S. 68 (2020) (habitual residence determined by totality of circumstances rather than parental intent alone)
- Gitter v. Gitter, 396 F.3d 124 (2d Cir. 2005) (prima facie showing for Hague wrongful removal; habitual residence factors)
- Souratgar v. Lee, 720 F.3d 96 (2d Cir. 2013) (grave risk requires serious, recurring risk to the child, not parent)
- Ozaltin v. Ozaltin, 708 F.3d 355 (2d Cir. 2013) (explains custody rights determination under habitual residence’s law)