Ordered that the order is reversed, on the law and on the facts, with costs, and that branch of the motion which was for an award of an attorney's fee is denied.
On January 2, 2001, the parties executed a separation agreement (hereinafter the agreement), which was incorporated but not merged into the judgment of divorce dated March 20, 2001. The agreement provided, inter alia, that in the event either party sought to travel out of the country with the subject child...
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