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Matter of Mahmoud, 1997 WL 43524 (E.D.N.Y., 1997)

In Matter of Mahmoud, 1997 WL 43524 (E.D.N.Y., 1997) (Not Reported in F.Supp.) Petitioner filed a petition in New York state court, pursuant to the Hague Convention and the International Child Abduction Remedies Act seeking the return of her child and permission to return with the child to England. On the day of the state court hearing, respondent filed a notice of removal with the state and federal courts. Respondent advised the state court that the action had been removed, but the state court judge entered an order granting petitioner's requested relief. The District Court vacated the state court order and dismissed the action as moot. The Court concluded that subject matter jurisdiction was proper because the matter could have been originally filed by petitioner in federal court.