This response to Justice Sondra Miller’s article will first discuss the competing interests and expectations of the parties to a relocation dispute, and briefly outline the national view or views. In fact, there is no national standard, or anything approaching a consensus among the states. The New York experience under the exceptional circumstances standard will then be analyzed and appraised. My conclusion is that the standard should be maintained, although I believe that the Court of Appeals should revisit the issue to clarify the factors and criteria relevant to a determination.
Merril Sobie, Whatever Happened to the "Best Interests" Analysis in New York Relocation Cases? A Response, 15 Pace L. Rev. 685 (1995), http://digitalcommons.pace.edu/lawfaculty/365/.