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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)

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