M. S. v. C. S.

OPINION OF THE COURT

Sandra B. Edlitz, J.

*604The parties were married on December 9, 1989 and lived together in Yonkers, Westchester County, New York, until the Respondent went to Ontario, Canada, with the children in or around August 1995. The Petitioner wrote a letter dated August 21, 1995, presumably for the customs and immigration officials, stating that he gave his permission for Respondent and the children to enter Canada until December 21, 1995. However, Respondent remained in Canada past that date.

In late 1995, Respondent filed for custody of the children in Canada. The trial court there…