Swain v. Vogt

Peters, J. (dissenting).

To concur in the majority decision would condone this custodial parent’s willful violation of a court order when she fled the jurisdiction of this State, absconded with the child, and thereafter manipulated court process to suit her own needs. Her conduct was particularly egregious since a permanent order of protection had been issued as well as an order which provided her the unfettered opportunity to apply for a modification of visitation. Before leaving the State, she failed to petition to enforce or modify either order.

It is undisputed that by stipulation and order…