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Tuesday, August 14, 2007

Anti-Injunction Act used by federal court in family law case

Speaking of the Anti-Injunction Act (as I do in my post above), a federal court in Maryland has granted injunctive relief in a case that should be of interest to family law attorneys here in a Canada-bordering state with many Indian reservations.

Our sister publication, The Maryland Daily Record, reports on a case where an Indian mother, a resident of Kahnawake Mohawk Territory in Quebec, obtained custody of her son through a federal court order. The parents and the child were on a vacation to the Indian Country and the parents decided to remain. After the parents separated, the boy's grandmother took the child to New York State. After two years of litigation in U.S., Canadian and Indian courts, the mother was awarded custody.

The father later sued for custody in state court in New York, but the federal court enjoined the suit under the Anti-Injunction Act. The mother's attorney, Stephen J. Cullen of Maryland, said it was the first time a federal court ever enjoined a state family court action.

Of course, an appeal is expected.

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