Judge Paul Engelmayer
Jakubik sought 15-year old daughter D.T.J.'s repatriation to Hungary—for custody proceedings—under the Hague Convention and the International Child Abduction Remedies Act. The court granted D.T.J. intervention. She met each of the four requirements for intervention as of right under Federal Rule of Civil Procedure 24(a)(2) as set out by the Second Circuit in St. John's Univ., N.Y. v. Bolton. Her application was timely. She had an obvious interest in the litigation. Her interest in remaining in the United States may be impaired by the outcome of Jakubik's action. Further, her interests were not identical to mother Schmirer's, nor did the court believe that Schmirer could adequately represent those interests. The court noted D.T.J.'s assertion, through counsel, of her intention—unlike Schmirer—to retain a psychological expert to assist the court in assessing her Article 12 "well settled" and Article 13 "age and maturity" defenses. The court also concluded that D.T.J. had even more clearly met the standard for permissive intervention under Rule 24(b). In addition to foreseeing no undue delay caused by D.T.J.'s intervention, the court found that her interests in the litigation outweighed any potential "costs to allowing [her] to become a party."
