Gaulsh v. New York County Family Court

DECISION AND ORDER I. BACKGROUND Petitioner Sune Gaulsh filed his petition in this court July 22, 2022, seeking to transfer the undecided motions in an underlying New York County Family Court proceeding to this court and then to transfer venue to the Supreme Court in another county or, alternatively, to compel respondents to issue appealable decisions on the outstanding motions in the Family Court proceeding. Gaulsh also asks this court to release him from the contempt orders in the Family Court proceeding, seal the record of this proceeding, and award him his costs in bringing this petition. The day before oral argument was scheduled, Gaulsh, who had commenced this proceeding pro se, sought an adjournment of the oral argument to allow his newly retained attorney to familiarize herself with his claims. He subsequently waived oral argument of the petition. Petitioner here, Sune Gaulsh, was the petitioner in a New York County Family Court proceeding against Michelle Mascioli, relating at least in part to the custody of their minor child. On July 9, 2018, the Family Court awarded Gaulsh sole custody of the child and Mascioli visitation rights. V. Pet. Ex. G (Aff. of Sune Gaulsh) Ex. 1 (Final Order on Petition for Custody and Visitation), NYSCEF Doc. No. 9 at 125-26 of 437. On November 10, 2020, Family Court Judge Sweeting ordered extended overnight parenting time for Mascoili starting November 14, 2020. Gaulsh Aff. Ex. 5 (Amended Temporary Order), NYSCEF Doc. No. 9 at 136- 37. On November 13, 2020 Gaulsh removed the child to Denmark without the court’s permission. On November 17, 2020, Judge Sweeting issued a warrant for Gaulsh’s arrest and ordered Gaulsh to return the child to the United States. Gaulsh Aff. Ex. 9 (Warrant of Arrest), NYSCEF Doc. No. 9 at 149. On December 4, 2020, Judge Sweeting found Gaulsh in civil and criminal contempt and sentenced him to six months incarceration for each. Gaulsh Aff. Ex. 11 (Final Order After Trial), NYSCEF Doc. No. 9 at 155- 60. A federal criminal complaint, Interpol’s involvement, and Gaulsh’s arrest in Serbia followed. Gaulsh Aff., NYSCEF Doc. No. 9,