IN THE MATTER OF PAPASOFF v. COCKRELL

Despite a recent court order denying her permission to do so, respondent mother relocated the parties' child from New York to Colorado. The reasonable legal fees incurred by petitioner father in seeking to undo this unilateral, illegal conduct should have been fully recoverable ( see Domestic Relations Law § 237[b]; Kasal v. Kasal, 297 A.D.2d 624, lv denied 99 N.Y.2d 552). Although the fees charged by petitioner's counsel were, as Family Court found, reasonable and well documented, it cannot be readily ascertained from the record which fees were incurred in litigating respondent's decision to relocate and which were incurred in preparing the instant fee application. Inasmuch as the latter are not compensable, we remand for a determination as to the precise amount to which petitioner is entitled.

We have considered respondent's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.