You are here: / / Factual Question About Whether Family Court Had Jurisdiction Over Visitation...
,

Factual Question About Whether Family Court Had Jurisdiction Over Visitation Modification Where Supreme Court Originally Ordered Visitation

In remitting the matter to Family Court, the Second Department determined Family Court should have examined the evidence to determine whether it had jurisdiction over a petition to modify visitation where the initial visitation determination was part of a divorce action in Supreme Court:

The Family Court erred in declining to sign the order to show cause accompanying the father’s petition to modify visitation …. Since the initial visitation determination in this matter was made as part of a stipulation of settlement entered into during the parties’ divorce proceedings before the Supreme Court, it was error for the Family Court to summarily decline to sign the order to show cause on jurisdictional grounds. Instead, the Family Court should have signed the order to show cause and then directed the parties to submit evidence on the issue of whether the Family Court retained exclusive, continuing jurisdiction over the visitation issues…. Matter of Ramirez v Gunder, 2013 NY Slip Op 05086, 2nd Dept 7-3-13

 

You might also like
DEFENDANT PROPERTY OWNER DID NOT HAVE ACTUAL OR CONSTRUCTIVE NOTICE OF ANY DEFECTS IN THE CEILING THAT FELL ON PLAINTIFFS; THE RES IPSA LOQUITUR DOCTRINE DID NOT APPLY BECAUSE DEFENDANTS DID NOT HAVE EXCLUSIVE CONTROL OVER THE CONDITION (SECOND DEPT).
PROOF OF GENERAL CLEANING PRACTICES NOT SUFFICIENT TO DEMONSTRATE A LACK OF NOTICE OF THE WET AREA WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED.
Failure to Allege Negligent Provision of Medical Care in Notice of Claim Required Dismissal of Negligence Cause of Action; Failure to Allege Facts Demonstrating a Custom or Practice of Providing Inadequate Medical Care Required Dismissal of 1983 Causes of Action 
Opening Statement Provided Grounds for Dismissal of False Arrest/Malicious Prosecution Action
Plaintiff Who Had Right of Way Should Have Been Granted Summary Judgment
“Assessor’s Formula” for Determining Property Tax Assessment for Golf Course Approved
Question of Fact About Property Owner’s Liability for Condition of Sidewalk Raised
THE FEDERAL OFFENSE WHICH SERVED AS A PREDICATE FOR DEFENDANT’S SECOND-FELONY-OFFENDER DESIGNATION DOES NOT REQUIRE THAT THE FIREARM INVOLVED BE OPERABLE; THE RELEVANT NEW YORK FELONY OFFENSE INCLUDES OPERABILITY AS AN ELEMENT; THEREFORE THE FEDERAL OFFENSE IS NOT A VALID PREDICATE OFFENSE (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Criteria for Allowing Parent Relocation Consent Order Not Appealable; Open Court Stipulation Valid