Although Trial Term held that the custody and control of the children should be placed in the respondent, the children have remained with the petitioner until the present time, acquiesced in partially by the respondent by reason of the agreement between the parties dated September 30, 1969, which was subsequent to the judgment. In view of the passage of time and the change of circumstances, a further hearing is warranted.
Judgment reversed, on the law and the facts...
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