In Milone v. Milone , Angelo Milone made a motion to direct his ex-wife to comply with a settlement agreement's "visitation provisions."
Upon their divorce, Maria and Angelo Milone entered into an arrangement which provided that Maria -- who was awarded custody of their children -- wouldn't "do anything which estrange the children" from Angelo.
When the children turned 10 years of age, they no longer wanted to hang with their dad, and Angelo claimed Maria "poisoned" their minds.
After the Westchester County Supreme Court sided with Angelo, Maria appealed to the Appellate Division, Second Department, which found his request had been incorrectly granted because he failed to provide evidence that Maria was "estranging the children from him." In fact, the evidence revealed Maria actively encouraged the children to have a relationship with their father. And since she was complying with her obligations under the agreement, there was no basis to compel her to do so.
That wasn't estranging.
To download a copy of the Appellate Division's decision, please use this link: Milone v. Milone