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MATTER OF GAUKEL v. GAUKEL

35 A.D.2d 1056 (1970)

In the Matter of Michael P. Gaukel, Respondent, v. Evelyn W. Gaukel, Also Known as Evelyn W. Johnson, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1970

Order reversed, on the law, with costs, and matter remitted to the Family Court for a determination based on the best interest of the child.

The infant was born on March 11, 1966. On September 1, 1967 her parents entered into a separation agreement which provided that the infant would not be removed from the State of California without either the written consent of the other parent or court approval and custody was given to the mother with visitation rights to the...

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