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MOTHER’S MOTION TO RELOCATE WITH THE CHILDREN SHOULD NOT HAVE BEEN GRANTED.

The Second Department, reversing Supreme Court, determined mother’s motion to relocate with the children should not have been granted. Father argued relocation would limit his involvement with the children to only weekends:

Here, the Supreme Court’s determination that the plaintiff could relocate with the children was not supported by a sound and substantial basis in the record … , as the plaintiff did not establish by a preponderance of the evidence that the proposed relocation would serve the children’s best interests … . The plaintiff’s evidence that relocating would enhance her life and the children’s lives economically was tenuous at best … , and the court’s finding that the plaintiff could become self-supporting and contribute to the children financially if she relocated was thus speculative and not supported by a sound and substantial basis in the record … . Moreover, the relocation would negatively impact the quantity and quality of the children’s future contact with the defendant, which weighs against granting relocation in this case … . The defendant presented evidence of his involvement in the children’s daily lives, school, and extracurricular activities. If the plaintiff was permitted to relocate with the children to East Hampton, the defendant would no longer be able to see the children midweek or remain involved in their many activities … . Finally, the plaintiff did not establish by a preponderance of the evidence that her proposed relocation would enhance the children’s lives emotionally or educationally … . DeFilippis v DeFilippis, 2017 NY Slip Op 00147, 2nd Dept 1-11-17

FAMILY LAW (MOTHER’S MOTION TO RELOCATE WITH THE CHILDREN SHOULD NOT HAVE BEEN GRANTED)/RELOCATE (FAMILY LAW, MOTHER’S MOTION TO RELOCATE WITH THE CHILDREN SHOULD NOT HAVE BEEN GRANTED)

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Corroboration Requirements for Child’s Out-of-Court Statements Described
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PLAINTIFF STATED A CAUSE OF ACTION FOR VIOLATION OF LABOR LAW 196-d AGAINST A CORPORATE OFFICER AND A SHAREHOLDER INDIVIDUALLY FOR FAILING TO REMIT SERVICE CHARGES AND GRATUITIES TO THEIR WAITSTAFF EMPLOYEES; REQUEST FOR AN EXTENSION TO SEEK CLASS CERTIFICATION SHOULD HAVE BEEN GRANTED; MOTION TO AMEND THE COMPLAINT SHOULD HAVE BEEN GRANTED; PLAINTIFF’S DISCOVERY DEMANDS WERE PALPABLY IMPROPER (SECOND DEPT).
THE BANK’S DISCONTINUANCE OF THE FORECLOSURE ACTION DID NOT REVOKE THE ACCELERATION OF THE DEBT; THE REQUEST, AFTER DISCONTINUANCE, FOR A DECLARATION THE ACCELERATION HAD BEEN REVOKED WAS A REQUEST FOR AN IMPERMISSIBLE ADVISORY OPINION (SECOND DEPT).
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