Fleishman v. Walters

Judgment unanimously reversed on the law and facts, without costs, and matter remitted to Steuben County Family Court for a new hearing. Memorandum: Petitioner, who was separated from respondent in 1966, was granted custody of three of their children, Linda, Jeffrey and Suzanne, pursuant to a temporary protection order issued by the Steuben County Family Court on August 1, 1966 and a Mexican divorce decree issued May 31, 1967. The children lived with petitioner until May 11, 1971 when respondent, who had taken them for a visit, refused to return them. Petitioner then obtained a writ of habeas…