JEFFREY S. SUNSHINE, J.
On default this court awarded plaintiff-father custody of the parties' child whom is five (5) years of age. In August 2005, during a contested divorce proceeding, defendant-mother removed the parties' child to California.
The father commenced a divorce action on October 31, 2003, alleging cruel and inhuman treatment (see Domestic Relations Law 170 [1]). Initially, the mother appeared
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