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MATTER OF EDWIN E.R. v. MONIQUE A.-O.

Docket Nos. V-26730-11/18D, V-27191-11/18C. Appeal No. 12160. Case No. 2020-00129.

188 A.D.3d 410 (2020)

134 N.Y.S.3d 339

2020 NY Slip Op 06347

In the Matter of Edwin E.R., Respondent, v. Monique A.-O., Appellant.

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

Decided November 5, 2020.

Where parties have entered into a custody order on consent, a court may not hold a hearing on a motion for a transfer of custody without first determining that there has been a sufficient change in circumstances since the entry of the order (Matter of Sergei P. v Sofia M., 44 A.D.3d 490 [1st Dept 2007]). Here, the court's finding of changed circumstances did not have a sound and substantial basis but was instead based on an erroneous...

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