Weber v. Weber

Order unanimously reversed, with costs, petition denied and matter remitted to Erie County Supreme Court (Mints, J.) for further proceedings in accordance with the following memorandum: The parties were divorced in May, 1980 after living apart under a written separation agreement for more than one year. The separation agreement was incorporated in the divorce decree and gave sole custody of the two minor children, aged nine and seven, to appellant with liberal visitation rights to respondent. Soon thereafter appellant informed respondent that she was leaving for Florida. Respondent thereupon…