Ivaldi v. Ivaldi

In Ivaldi v. Ivaldi, 288 N.J. Super. 575, 589, 672 A.2d 1226 (App.Div.), rev'd, 147 N.J. 190, 685 A.2d 1319 (1996) on grounds of forum non conveniens, the Court held that international comity required the New Jersey court to defer to the divorce and custody proceedings that had already begun in Morocco. The family lived in Morocco before emigrating to New Jersey, where they separated. Id. at 579, 672 A.2d 1226. Their separation agreement allowed the mother, who had physical custody of her daughter, to reside in another country as long as she allowed the father visitation in his country, and there was no evidence suggesting that the court of Morocco would not protect the best interests of the child. Id. at 581, 588, 589, 672 A.2d 1226.