Hemphill v. Hemphill

Bracken, J. P. (dissenting).

The Supreme Court’s resolution of the present child custody dispute constitutes an improvident exercise of discretion, if not an error as a matter of law. The practical effect of the order under review would be to remove two children from their father, as well as from their extended family here in the United States, and to send them to London, England, where they would reside permanently in the household of their mother’s second husband. Since there are no "exceptional circumstances” which warrant this radical disruption in the children’s lives, I conclude that the…