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Father Whose Parental Rights Had Been Terminated Had Standing to Seek Modification or Vacatur of Order of Protection

The Fourth Department determined that a father whose parental rights had been terminated had standing to seek modification or vacatur of a ten-year-old order of protection.  The Fourth Department wrote:

Pursuant to Family Court Act § 656, the court may issue an order of protection in conjunction with any other order issued pursuant to article 6, i.e., an order terminating parental rights. We conclude that the order terminating the father’s parental rights is separate and distinct from the order of protection entered in conjunction with that termination order. Thus, the father has standing to challenge the validity of that separate order of protection.  Matter of Anna B …, CAF 12-00562, 303, 4th Dept, 4-26-13

 

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