Fernando Giraldo v. Alina B. Giraldo

Petitioner Fernando Giraldo brought this proceeding in the Family Court to obtain custody of his three daughters. Fernando and respondent Alina Braden Giraldo were married in New Providence, New Jersey, on December 6, 1968. During the marriage, the parties resided in Colombia, South America. On August 20, 1980, the parties entered into a separation agreement in Medellin, Colombia; that agreement was to cover the parties conduct for a period of six months. Under the agreement, Alina, an American citizen, was to retain custody of the children in an apartment. However, Fernando, a Colombian citizen, was granted the right to see the children and take them as long as he did not interfere with their schooling and did not jeopardize their moral, mental and physical well-being. Alina traveled with the three children to New York City on December 19, 1980, while the agreement was still in force. It was her contention that she executed the agreement under duress and that she fled Colombia to avoid petitioners violent conduct. In the custody proceeding brought by Fernando on March 5, 1981, extensive testimony was taken on five hearing dates. The testimony of the parties and their witnesses conflicted on many critical points; the principal areas of divergence will be highlighted.