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You are here: Home1 / Family Law2 / FAMILY COURT IMPROPERLY DELEGATED ITS AUTHORITY TO STRUCTURE VISITATIO...
Family Law

FAMILY COURT IMPROPERLY DELEGATED ITS AUTHORITY TO STRUCTURE VISITATION.

The Third Department noted Family Court improperly delegated its authority to structure visitation and remitted the matter:

… [W]e find a sound and substantial basis in this record for Family Court’s decision to modify the prior visitation order by limiting the mother’s visitation to a counseling format — which the mother acknowledged was the best she could hope for given her strained relationship with the child … . That said, by effectively making further visitation contingent on the success of counseling and the father’s approval, Family Court improperly delegated its authority to structure a visitation schedule … . We conclude that the matter must be remitted to Family Court for a determination as to whether a resumption of visitation with the mother would be in the child’s best interests and, if so, under what conditions … . Matter of Christine TT. v Dino UU., 2016 NY Slip Op 06910, 3rd Dept 10-20-16

FAMILY LAW (FAMILY COURT IMPROPERLY DELEGATED ITS AUTHORITY TO STRUCTURE VISITATION)/VISITATION (FAMILY COURT IMPROPERLY DELEGATED ITS AUTHORITY TO STRUCTURE VISITATION)

October 20, 2016
Tags: Third Department
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JOURNALIST WHO INTERVIEWED DEFENDANT COULD NOT BE COMPELLED TO TESTIFY IN DEFENDANT’S... FAMILY COURT SHOULD NOT HAVE DISMISSED MOTHER’S PETITION FOR CUSTODY MODIFICATION...
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