INTERNATIONAL FAMILY LAW-COMITY

78 Mass. App. Ct. 501 (2010)

NAZIH MOHAMAD EL CHAAR
v.
CLAUDE MOHAMAD CHEHAB.

No. 09-P-860.

Appeals Court of Massachusetts, Middlesex.

April 8, 2010.

December 31, 2010.

Present: DUFFLY, DREBEN, & KAFKER, JJ.

Nicholas M. O'Donnell for the plaintiff.

John G. DiPiano for the defendant.

DREBEN, J.

To be enforced, a foreign determination of child custody must be in "substantial conformity" with Massachusetts law. G. L. c. 209B, § 14, inserted by St. 1983, c. 680, § 1. See Custody of a Minor (No. 3), 392 Mass. 728, 735 (1984); Khan v. Saminni, 446 Mass. 88, 94 (2006); Schiereck v. Schiereck, 14 Mass. App. Ct. 378, 380 (1982); Charara v. Yatim, ante 325, 329-330, 332 (2010).

Nazih Mohamad El Chaar, the father of a minor daughter, 502*502 appeals from a judgment of the Probate and Family Court dismissing his complaint to enforce a judgment of a Lebanese Sunnite court suspending the mother's custody of their daughter. The judge reasoned that the father failed to produce evidence that the procedural and substantive law applicable to the Lebanese court was in substantial conformity with the laws of the Commonwealth. We affirm.

John DiPianoComment