Filed Date: 1/26/1987
Status: Precedential
Modified Date: 10/28/2024
—In a proceeding pursuant to Domestic Relations Law § 72 to obtain visitation with the petitioners’ granddaughter, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), dated April 18, 1985, as, upon granting visitation, imposed a restriction that the visits may not occur outside Westchester County without the respondent Jerry Harlow’s consent.
Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and matter remitted to Supreme Court, Westchester County, for further proceedings in accordance herewith.
The terms of a visitation order under this section are in the sound discretion of the hearing court (see, Lo Presti v Lo Presti, supra). However, the court apparently acted in the belief that it lacked the discretion to permit visits outside this State (including meetings at the homes of relatives in New Jersey and Connecticut that are closer to the child’s home than the grandparents’ Vermont residence). Accordingly, the matter is remitted to the hearing court for such an exercise of its discretion as it deems appropriate in light of this court’s ruling. Mollen, P. J., Thompson, Weinstein and Rubin, JJ., concur.