| In the Matter of David Wissink, Respondent, v. Jane | | | | past several years. It would also presumably be |
| Wissink, Appellant. | | | | inconvenient for the material witnesses to drive three |
| SUPREME COURT OF NEW YORK, APPELLATE | | | | hours to Albany to testify. Additionally, Albany has no |
| DIVISION | | | | substantial contacts with the case. At the time the |
| February 22, 2002 | | | | petition was filed, the mother had lived in Albany |
| The parties lived together in Franklin County from | | | | County for less than a week. Considering these |
| 1997 until September 26, 2001, when the mother fled | | | | circumstances alone, it would be a provident exercise |
| the marital residence. After several days in a | | | | of discretion to transfer this case to Franklin County. |
| domestic violence shelter in Franklin County, she | | | | However, because of the demonstrated acts of |
| came to Albany to live with her sister. The mother | | | | domestic violence by the father against the mother, |
| then filed custody and family offense petitions in | | | | it would be improvident to do so. In this case, the |
| Albany County. The father's request for a venue | | | | domestic violence factor clearly outweighs the usual |
| change is based on the standard reasons of witness | | | | factor of witness convenience and substantial |
| convenience and substantial contacts with Franklin | | | | contacts with the original county of residence. For |
| County. The mother alleges that she fled her home | | | | this reason, the court finds that these petitions |
| with virtually none of her or her children's belongings. | | | | should be heard in Albany County, and the father's |
| Issue: | | | | motion to change venue is denied. |
| - Whether the custody petition in Albany County | | | | Disclaimer: |
| should be transferred to the Franklin County? | | | | These summaries are provided by the SRIS Law |
| The Court finds that "in this proceeding, there is no | | | | Group. They represent the firm's unofficial views of |
| dispute that the weight of the evidence is located in | | | | the Justices' opinions. The original opinions should be |
| Franklin County, where the family has lived for the | | | | consulted for their authoritative content. |