Noelia Brettschneider v. Stanley Brettschneider - Supreme Court of New York

Noelia Brettschneider v. Stanley Brettschneider

By Supreme Court of New York

  • Release Date - Published: 1976-04-13
  • Book Genre: Law
  • Author: Supreme Court of New York
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Noelia Brettschneider v. Stanley Brettschneider Supreme Court of New York read online review & book description:

[52 A.D.2d 548 Page 548] Order, Supreme Court, New York County, entered December 4, 1975, which denied plaintiff wife's application for temporary custody of the parties' two infant children, and granted the husband's cross motion for temporary custody, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs and without disbursements, to deny the husband's cross motion, and the matter remanded for continued hearing. In 1973, the parties entered into a separation agreement giving the wife custody of two small children, and thereafter the parties were divorced. They reconciled and remarried in 1974. The plaintiff wife thereafter sued for divorce, asking, among other things, for custody. The defendant husband cross-moved for custody. While the children were residing with the wife, the husband, early in November, 1975, took the older child, a daughter five and one-half years of age. The wife then sought a writ of habeas corpus, and a hearing was scheduled on the issue on November 21, 1975. The court, on July 9, 1975, had ordered that the issue of temporary custody of the children was to be determined at a plenary hearing. On Friday, November 21, counsel for the wife appeared to ask to be excused because he was on trial in the Supreme Court, Nassau County, but he was directed to proceed. After the testimony of the wife, both on direct and cross-examination, on the adjourned date for the continuance of the hearing, Monday, November [52 A.D.2d 548 Page 54924]

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