HEMPHILL v. HEMPHILL


169 A.D.2d 29 (1991)

Lauren G. Hemphill, Respondent, v. David G. Hemphill, Appellant

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

June 24, 1991


Attorney(s) appearing for the Case

Fink Weinberger, P. C. (Barbara Ellen Handschu, Henry S. Berman, Neil A. Fredman, Alton L. Abramowitz and Sandra B. Edlitz of counsel), for appellant.

Shea & Gould (Jacalyn F. Barnett of counsel), for respondent.

KOOPER and RITTER, JJ., concur with KUNZEMAN, J.; BRACKEN, J. P., and BALLETTA, J., dissent in an opinion by BRACKEN, J. P.


KUNZEMAN, J.

On this appeal, the noncustodial parent maintains that his right to meaningful visitation with the parties' children would, in effect, be eliminated by his former wife's relocation of the children to London, England, where her new husband resides. Conversely, the plaintiff argues that the trial court properly found that her remarriage constituted an "exceptional circumstance" and that the relocation...

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