You are here: / / Duration of Supervised Visits Cannot Be Left Up to Supervising Agency

Duration of Supervised Visits Cannot Be Left Up to Supervising Agency

The Fourth Department noted that Family Court failed to set up a proper visitation schedule because the court left the duration of the visits up to the supervising agency:

Although the court’s determination that visitation must be supervised is supported by the record …, we note that the court set no minimum time period for the monthly visitation and left the duration of visitation, “up to a maximum of eight hours,” to be determined solely based on the availability of “any authorized agency that supervises visitation.” Consequently, we agree with the mother that the court “erred in failing to set a supervised visitation schedule, implicitly leaving it to the supervisor to determine” the duration of each visit … . We therefore modify the order accordingly, and we remit the matter to Family Court to determine the duration of visitation… . Matter of Ordona v Cothern, 2015 NY Slip Op 02652, 4th Dept 3-27-15

 

You might also like
INJURY FROM DIVING INTO THE SHALLOW END OF A POOL NOT ACTIONABLE.
ALTHOUGH DISCLOSURE OF INSURER’S SUPPLEMENTAL UNDERINSURED MOTORIST (SUM) FILE IS NOT LIMITED TO THE TIME BEFORE THE COMMENCEMENT OF THE ACTION, THE ORDER TO DISCLOSE THE WHOLE FILE WAS IMPROPER, A PRIVILEGE LOG SHOULD BE CREATED FOLLOWED BY AN IN CAMERA REVIEW (FIRST DEPT).
DISCLAIMER IN SUBCONTRACT IS AMBIGUOUS, MOTION TO DISMISS FRAUD COUNTERCLAIM BASED UPON THE DISCLAIMER SHOULD NOT HAVE BEEN GRANTED.
General Question Whether Defendant Was “A Law Abiding Person” Violated Sandoval Ruling and Required Reversal.
WAIVER OF FOURTH AMENDMENT RIGHTS AS CONDITION OF PROBATION INVALID, DENIAL OF YOUTHFUL OFFENDER STATUS ENCOMPASSED BY WAIVER OF APPEAL (FOURTH DEPT).
Insufficient Evidence of Recklessness In Shooting Case
ONCE PETITIONER’S PATERNITY HAD BEEN ESTABLISHED BY GENETIC TESTING FAMILY COURT HAD THE AUTHORITY TO VACATE THE ACKNOWLEDGMENT OF PATERNITY (AOP) PREVIOUSLY EXECUTED BY MOTHER’S BOYFRIEND (FOURTH DEPT).
Case Sent Back to Suppression Court to Determine Whether Police Had Sufficient Reason for Asking About Drugs and Weapons After Traffic Stop

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

Defendant Should Have Been Allowed to Present Expert Opinion-Evidence About... Family Court Abused Its Discretion by Failing to Consider the Least Restrictive...