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HELEN v. CHRISTOPHER

Appellate Division of the Supreme Court of New York, First Department.
Jan 31, 2008
Important Paras
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No basis exists to disturb Family Court's findings, or the weight assigned thereto ( see Yolanda R. v Eugene I.G., 38 AD3d 288, 289), that petitioner's financial circumstances and immigration status are not so exigent as to require her immediate relocation to Australia ( see Salichs v James, 268 AD2d 168, 172-173), that such relocation would irreparably harm respondent's necessary and positive relationship with the child ( see id. at 170-172), that respondent is a viable custodial resource notwithstanding petitioner's attempts "to thwart the paternal relationship" ( cf. id. at 173), and that petitioner's relocation to Australia reflects an "ambivalence and lack of insight into the child's needs and interests" sufficiently pronounced to warrant a change in custody ( see Matter of Tropea v Tropea, 87 NY2d 727, 739-740).