40 A.D.2d 622 | N.Y. App. Div. | 1972
Judgment unanimously reversed on the law and facts, without costs, and matter remitted to Steuben County Family Court for a new hearing. Memorandum: Petitioner, who was separated from respondent in 1966, was granted custody of three of their children, Linda, Jeffrey and Suzanne, pursuant to a temporary protection order issued by the Steuben County Family Court on August 1, 1966 and a Mexican divorce decree issued May 31, 1967. The children lived with petitioner until May 11, 1971 when respondent, who had taken them for a visit, refused to return them. Petitioner then obtained a writ of habeas corpus and a hearing was held ini Family Court in October, 1970; testimony was taken from petitioner, respondent, and Linda. The parties stipu