Bobinski v Bobinski

J. BOBINSKI, Appellant,


J. BOBINSKI, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 26, 2004.

Florio, J.P, Luciano, Townes and Fisher, JJ., concur.

"[W]here parents enter into an agreement concerning custody it will not be set aside unless there is a sufficient change in circumstances since the time of the stipulation and unless the modification of the custody agreement is in the best interests of the children".

The Supreme Court's determination must be accorded great deference on appeal, since it had the opportunity to assess the witnesses' demeanors and credibility. Its award of custody of the parties' children to the father was in the children's best interests. The mother's conduct, inter alia, in alienating the children from their father, interfering with their relationships, and disregarding the father's rights as a joint custodial parent, were acts so inconsistent with the best interests of the children that it cannot be said that the Supreme Court's determination lacked a sound and substantial basis.

The mother's remaining contentions are without merit.