Legal Opinion

Marlow v. Marlow

New York Supreme Court

Decided December 16, 1983PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Jeffrey G. Stark, J.

On this motion for a change of custody by a father whose former wife has breached the restrictive residence provision of a nonmerged separation agreement by surreptitiously removing the children of the marriage to California, two equally strong policies are contraposed to each other: on the one hand, the policy of our courts to jealously protect the visitation rights of a noncustodial parent, and on the other, the policy of deferring jurisdiction of custody disputes to that jurisdiction best able to hear all relevant evidence concerning the children’s…

2Cases cited20 opinions

  1. Weiss v. WeissNew York Court of Appeals · 1981
  2. Nehra v. UhlarNew York Court of Appeals · 1977
  3. Gloria S. v. Richard B.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Vanneck v. VanneckNew York Court of Appeals · 1980
  5. Entwistle v. EntwistleAppellate Division of the Supreme Court of the State of New York · 1978

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3Cited by5 opinions

  1. Koons v. KoonsNew York Supreme Court · 1994
  2. Van Houten v. Van HoutenAppellate Division of the Supreme Court of the State of New York · 1989
  3. Kosmicki v. SalzerAppellate Division of the Supreme Court of the State of New York · 1998
  4. Fitzgerald v. WilsonCalifornia Court of Appeal · 1995
  5. Robert P. v. Gayle P.New York City Family Court · 1995

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