Kibalya v Kibalya

Holding The Appellate Division affirmed the dismissal of the divorce action on the ground of forum non conveniens, finding that the trial court providently exercised its discretion. The court determined that the plaintiff’s residence in Australia, the defendant’s residence in Uganda, and the location of evidence and assets outside the United States militated against retaining the litigation in New York.

The court’s words

the defendant established that the plaintiff has resided in Australia with the parties' children since 2021

2026 NY Slip Op 06105, at the official text

the defendant resides in Uganda and consented to the jurisdiction of Australia

2026 NY Slip Op 06105, at the official text

relevant evidence and marital assets are located in jurisdictions outside of the United States

2026 NY Slip Op 06105, at the official text

the Supreme Court providently exercised its discretion in granting the defendant's cross-motion

2026 NY Slip Op 06105, at the official text