In a Decision Vargas v. Strnad, (an "Unreported Decision") >> the Court Held:
The Appellate Division determined trial judge's findings of fact were supported by substantial evidence in the record and his legal conclusions were sound.
Father filed for residential custody on the grounds that mother relocated to Pennsylvania with child without his consent. Father stated he "told [defendant] that she did not have [his] consent" to relocate with their son, but took no further action until the filing of his complaint. According to Mother, Father responded, "I don't like it, but there's nothing I can do. Congratulations." Regarding Father's consent, Mother also acknowledged on cross-examination that "to be very technical[,] the word 'yes' did not leave [plaintiff's] mouth." However, "he also never said no." At the hearing on mother's application, she testified she spoke to father before moving to Pennsylvania and he never said no to the move.