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H and W were married in 1965. They lived together in New York until 1978, when during winter school recess, W took the children to the family home in Connecticut and decided to remain there. W then filed a divorce action in the same month. Two weeks later, H commenced an action in New York for divorce on grounds of cruelty and abandonment. H moved the court in New York to enjoin W from prosecuting the action in Connecticut. H claimed that W merely moved there to exploit equitable distribution laws. H also sought temporary custody of the children urging that daily transport to New York schools was not in their best interests. The lower court granted H’s request. The appeals court overturned that ruling.

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