Thursday, October 17, 2013

NEW YORK DIVORCE - CUSTODY & RELOCATION

A recent consultation and a recent email brought this case to my attention -  Matter of Kevin McK. v Elizabeth A.E. , 2013 NY Slip Op 06328, Decided on October 1, 2013, Appellate Division, First Department.

In this case, the Family Court, which denied a parent's application to relocate, was reversed by the Appellate Division. What I find most interesting about the case is the following:

1. Around the fall of 2008, the application to relocate was made in Family Court.

2.  Trial on the issues of custody and relocation commenced around a year later 2009, and was conducted on 13 days over the course of 2½ years.

3. The Family Court issued it's decision in April 2012.

4. The Appellate Division reversed in October 2013 - but the matter was remanded for further proceedings at which provision shall be made regarding liberal visitation and an allocation of travel costs.

Over 5 years and perhaps more until the parent can relocate....when I was consulted on this issue the need was immediate due to lack of income. So do was the application in Matter of Kevin McK. v Elizabeth A.E.

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