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IN THE MATTER OF LOCKABY & SMITH

No. 2001-418.

148 N.H. 462 (2002)

IN THE MATTER OF DOROTHY C. LOCKABY AND WILLIAM E. SMITH

Supreme Court of New Hampshire.

Opinion Issued: October 25, 2002.

Attorney(s) appearing for the Case

Wiggin & Nourie, P.A., of Manchester (Doreen F. Connor on the brief), for the petitioner.

Perkins & Puckhaber, P.A., of Concord (Diane M. Puckhaber on the brief), for the respondent.

NADEAU, J.

The petitioner, Dorothy C. Lockaby, appeals an order of the Salem Family Division (Reardon, J.) denying her motion to modify the visitation rights of the respondent, William E. Smith, by permitting her to relocate to the Commonwealth of Virginia with their two minor children. On appeal, the petitioner contends the trial court's order is an unsustainable exercise of discretion and an improper modification of custody. We reverse and remand.

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