23 Misc. 2d 189 | N.Y. Sup. Ct. | 1960
The defendant husband moves, pursuant to section 1170 of the Civil Practice Act, to modify the judgment of separation of this court, entered June 15, 1959, so as to change custody of the two infant children of the parties, from the plaintiff to the defendant. The charges are serious and strenuously opposed. The merits require a hearing before the court, and to that purpose the matter is set for a hearing before this court on May 2, 1960, at 10:00 a.m., at Trial Term, Part VI, at which time and place the attorneys and the parties will appear.
A preliminary objection is interposed by plaintiff to this motion, to the effect that the children and the parents are nonresidents of this State, that they are residents of the State of Connecticut, and that the children are not physically within the jurisdiction of this court. The separation judgment obtained by plaintiff was rendered by this court. She saw fit to invoke this jurisdiction for the relief afforded in her judgment. This court therefore has continuing jurisdiction over its judgments and matters incidental to its final decree (Civ. Prac. Act, § 1170). In Crawford v. Crawford (19 Misc 2d 633), the applicable law is succinctly stated to the effect that after final
