Clarke v. Clarke

Appellate Division of the Supreme Court of New York

Clarke v. Clarke

124 A.D.2d 379, 507 N.Y.S.2d 325, 1986 N.Y. App. Div. LEXIS 61393

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 23, 1986

StatusPublished

Cited by1 cases

This text of 124 A.D.2d 379 (Clarke v. Clarke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clarke v. Clarke, 124 A.D.2d 379, 507 N.Y.S.2d 325, 1986 N.Y. App. Div. LEXIS 61393 (N.Y. Ct. App. 1986).

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Opinion

A review of the record reveals that Family Court properly determined that New Hampshire is a more appropriate forum for the instant custody modification proceeding (see, Domestic Relations Law § 75-h [1]). The home State of the parties’ child since 1981 has been New Hampshire and evidence concerning the child’s care, training and personal relationships is more readily available there (see, Domestic Relations Law § 75-h [3]; Singer v Singer, 79 AD2d 680). In the unlikely event that the Superior Court in New Hampshire should again decline to take jurisdiction of this custody matter, either party may move to reinstate this proceeding (see, Domestic Relations Law § 75-h [5]). The order should be affirmed.

Order affirmed, without costs. Kane, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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A review of the record reveals that Family Court properly determined that New Hampshire is a more appropriate forum for the instant custody modification proceeding (see, Domestic Relations Law § 75-h [1]). The home State of the parties’ child since 1981 has been New Hampshire and evidence concerning the child’s care, training and personal relationships is more readily available there (see, Domestic Relations Law § 75-h [3]; Singer v Singer, 79 AD2d 680). In the unlikely event that the Superior Court in New Hampshire should again decline to take jurisdiction of this custody matter, either party may move to reinstate this proceeding (see, Domestic Relations Law § 75-h [5]). The order should be affirmed.

Order affirmed, without costs. Kane, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

124 A.D.2d 379, 507 N.Y.S.2d 325, 1986 N.Y. App. Div. LEXIS 61393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-clarke-nyappdiv-1986.

Opinion

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