Henehan v. Henehan

Mikoll, J. P.

Appeal from an order of the Family Court of Broome County (Hester, Jr., J.), entered January 3, 1994, which dismissed petitioner’s applications, in two proceedings pursuant to Family Court Act article 6, for permission to relocate with the parties’ children.

Petitioner and respondent were married in 1985 and divorced in 1989. Two children were born of the marriage, Joseph in May 1985 and Sarah in August 1986. A separation agreement which was incorporated but not merged in the divorce provided that the parents share joint custody of the children with the primary custody to…