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Fugitive Doctrine Applied to Mother Who Fled with Child
In what has been referred to as 'an extraordinary application of the fugitive disentitlement doctrine to a family court matter,' the New York Family Court, Albany County, has ruled that a mother who absconded with her child has no right to seek relief from an order awarding temporary custody to the putative father. Peppin v. Lewis, P-8298-01 (N.Y. Fam. Ct., Albany Cty., 12/2/02).
The case involves a mother who has persistently frustrated the court's attempt to address paternity and custody issues raised more than a year ago by the apparent father. The fugitive disentitlement doctrine, based on the principle that a person may not rely on the judicial system for relief when he or she is evading the authority of that system, has long been applied in criminal law; it typically arises when a convicted fugitive seeks to appeal a criminal conviction.
However, finding that the mother here had said and done things 'that seriously compromise her credibility,' the court found the fugitive disentitlement doctrine to be an appropriate mechanism. This case apparently marks the first time the principle has been used in a New York civil case, but comes on the heels of a landmark New Jersey Supreme Court ruling in a similar matter, Matsumoto v. Matsumoto, 171 N.J. 2002.
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