In a divorce proceeding, the parties entered into a stipulation providing for near-daily contact for each parent and their child and stipulated that neither one may move away from Manhattan with the child without permission of the other parent.

The mother then filed motions to relocate to Katonah and prematurely gave up her Manhattan apartment lease. She alleged that she has severe migraines in large part due to increased marijuana smell in New York City and that she needs to move to Katonah, though she did not present any medical proof of this alleged change.