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MATHIEW v. MICHELS

10879.

180 A.D.3d 403 (2020)

118 N.Y.S.3d 581

2020 NY Slip Op 00815

Eugenie Mathiew, Respondent, v. Joseph G. Michels, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 4, 2020.

This case, involving a petition for relocation, falls into that category of cases which "present some of the knottiest and most disturbing problems that our courts are called upon to resolve" (Matter of Tropea v Tropea, 87 N.Y.2d 727, 736 [1996]). Because there was no prior custody order in place at the time of the mother's relocation petition, the test that should have been applied here is that of the best interests of the children...

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