Babcock v. Babcock

David F. Lee, Jr., J.

Defendant moves, by way of order to show cause, to modify a decree of separation by striking the last two decretal or ordering paragraphs. The paragraphs defendant seeks to strike decree that the child of the parties, an infant, “ is within the jurisdiction of this court ” and order “ that all matters relating to support, maintenance and custody of the minor issue of the marriage shall be determined by the Family Court of the State of New York.”

The affidavits submitted on this motion show that the defendant and the infant child left the State of New York on October 8,…