Sweeny v. Sweeny

Plaintiff wife (appellant) and defendant husband (respondent) were both granted a divorce February 29, 1952. The court found each parent fit to have custody of their three-year-old son. Mrs. Sweeny, however, was given custody of the boy, subject to liberal visitation rights by Mr. Sweeny. The decree prohibited removal of the child from the state without first obtaining an order of court. There was no appeal from the divorce decree.

June 17, 1952, Mrs. Sweeny’s motion requesting permission to remove the child from the state was denied. She did not appeal. However, she and her mother moved to…