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Judge Balkin http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46110 THE PARTIES were divorced pursuant to a separation agreement. Custody of their children was given to respondent mother. A provision in the separation agreement set out the procedure under which respondent could seek to establish a residence with the children beyond a 50-mile radius. Alleging respondent’s relocation to Florida with the children, petitioner father sought an order directing the children’s return to New York. Respondent’s separate proceeding sought permission to relocate, with the children, to Florida. The court ordered respondent to return to New York, with the parties’ children, at the conclusion of the children’s school year or forfeit custody to petitioner. It found, among other things, that respondent acknowledged her awareness of the separation agreement’s relocation provision. Noting respondent’s lack of Florida connections, the court determined that she provided no excuse for failing to follow the agreed-upon relocation procedure and unilaterally moving to Florida.

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