Heisler v. Heisler

Order, Supreme Court, Bronx County (La Tia W. Martin, J.), entered April 11, 2005, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for immediate relocation of the parties’ child to Maryland, unanimously reversed, on the law, without costs, and the matter remanded for a hearing on whether the proposed relocation would serve the child’s best interests.

Contrary to the court’s finding, the record indicates that defendant mother did in fact make out a prima facie case for relocation, warranting a hearing. At the outset, there was no reference in the court’s…