*1 J. J. Jensen, Jensen, Steven v. Debra

319N.W.2d 7,May Filed 1982. No. 81-617. appel- Geshell,

R. Steven Geshell of & Robak lant. Sipple Luckey, Sipple Hansen,

Mark M. & appellee. C.J., Heard before

Clinton, White, Hastings, Per Curiam. appeal The instant involves a domestic relations matter. The sole issue on is whether permitting trial court abused its discretion in parent custodial to move the children outside of the general State of Nebraska. The rule in cases where parent jurisdiction a custodial wishes to leave the legitimate any reason is that the minor children accompany parent allowed to will be the custodial it the court finds the best interests of parent. to continue children to live with Jafari Jafari, Neb. having court, reviewed the record in this case agrees with the result reached the trial court. affirmed. appellant, v. Tomahawk Oil appellees. Company, Limited, , et al.

319N.W.2d 107 7,May 1982. No. 81-852. *2 Sanchez, Kirk for and Ron Monica appellee Mattson, Hanlon. A. for Pamela appellee appearance Tomahawk. No argument. without oral Submitted Hastings, Clinton, Curiam. Per appeals claimant, the from affirming judgment of the the Court de- the Appeal Tribunal that he of the Nebraska cision disqualified receiving unemployment compen- from January ending through 24, 1981, the week sation 21, 1981. March employed as a service station

The claimant was Company, Limited, Tomahawk Oil attendant Platte, Nebraska. the When claimant re- North January manager 22, 1981, ported on for work of refused to allow the claimant station to work the that day. drinking day claimant been regular day before, off which was from work. According manager, to the the claimant “wasn’t fit to work.” —able manager home took the claimant and told the manager, he, the let would

claimant “know claimant something” day, That same claimant filed a claim for the pensation. com- The claimant did not contact the em- until 2 At weeks later. time the manager openings. April In said there were no reemploy the offered to claimant and the to claimant went back work. voluntarily

The issue is whether the claimant employment. An who leaves work “voluntarily disqualified cause” is unemployment benefits for the week in which he left for not less than 7 nor more than 48-628(a) immediately following. § Neb. Rev. Stat. 1978). (Reissue To leave work means to intentionally relationship sever intentionally to, the intent not to return or with terminate, School Dist. No. Labor, 663, 208 Neb. Commissioner (1981); Chizek, Powers v. 204 Neb. 285 N.W.2d The fact that the filed a claim for unem- compensation ployment day on the same that he was work, not allowed did contact *3 strong later, until some weeks evi- dence left his work good explanation without cause. The claimant’s this conduct is that he did not believe the latter he when said would let the claimant know something in a few We do not find that to persuasive.

Upon review sup- we find the evidence ports the conclusion reached tribunal is, and the affirmed. Court. The therefore, dissenting. Krivosha, respectfully majority

I must dissent from the majority case. The this has determined that an em- ployee allegedly drinking is taken who home for and employer he should remain at told lets home until something days him know has volun- tarily good cause, disqualifying thereby himself the week in which he left and for not less

benefits for than immediately 7 nor more than follow- required employee ing. An is not to remain at home unemployed uncompensated employer and until the any, action, further if he will take. It what decides very employer good may be that the had well cause employee. chose, however, He terminate to to the liberty not, therefore, He do so. make employee he, “stand in the comer” until punishment, any, ployer, decided what further Having permit refused be administered. should employee salary to work and earn a without dis- charging him, the cause to leave I would have held. so joins J., in this dissent. W. R. Spilker Spilker, and Helena Clarence wife, appellees, v. The First husband National Company Lincoln, Bank Trust a corporation, trustee, F. E. Raymond Spilker Spilker, and Mildred appellants. wife, husband May 1982. No. 43983.