MARLOW v. MARLOW


122 Misc.2d 221 (1983)

Kathleen M. Marlow, Plaintiff, v. Stephen G. Marlow, Defendant.

Supreme Court, Special Term, Nassau County.

December 16, 1983


Attorney(s) appearing for the Case

Robert F. Harper for defendant. John C. Schaeffer, Jr., and Robert K. Drinan for plaintiff.


JEFFREY G. STARK, J.

On this motion for a change of custody by a father whose former wife has breached the restrictive residence provision of a nonmerged separation agreement by surreptitiously removing the children of the marriage to California, two equally strong policies are contraposed to each other: on the one hand, the policy of our courts to jealously protect the visitation rights of a noncustodial parent, and on the other, the policy of deferring...

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