The Third Department noted: (1) Family Court improperly delegated the authority to determine mother’s visitation to a counselor; and (2) under the circumstances, it was appropriate for the child’s attorney to take a position that did not reflect the child’s wishes:
Considering the evidence as a whole and particularly considering the psychologist’s work with all of the parties and her reasoned explanation of how numerous factors led her to conclude that there was “no credible evidence of abuse” by the father but that there was evidence of “coaching, coercion and brainwashing” of the child by the mother, we find no reason to depart from Family Court’s determination to credit the psychologist. * * *
Family Court erred by delegating the determination of the mother’s visitation to the child’s counselor. A court cannot delegate its authority to determine visitation to a mental health professional … . * * *
… [W]e find no fault in the attorney for the child’s decision to advocate for a position contrary to the child’s wishes, of which Family Court was aware, given that such wishes were “likely to result in a substantial risk of imminent, serious harm to [her]” … . Matter of Zakariah SS. v Tara TT., 2016 NY Slip Op 06923, 3rd Dept 10-20-16
FAMIILY LAW (FAMILY COURT IMPROPERLY DELEGATED AUTHORITY TO DETERMINE VISITATION; CHILD’S ATTORNEY PROPERLY TOOK A POSITION ADVERSE TO THE CHILD’S WISHES)/VISITATION (FAMILY COURT IMPROPERLY DELEGATED AUTHORITY TO DETERMINE VISITATION)/ATTORNEYS (FAMILY LAW, CHILD’S ATTORNEY PROPERLY TOOK A POSITION ADVERSE TO THE CHILD’S WISHES)