The Second Department determined that Family Court properly denied mother’s motion for kinship visitation because a criminal court order of protection was in place:
As a general rule, the “Family Court does not have jurisdiction to countermand the provisions of a criminal court order of protection” … . Thus, where a criminal court order of protection bars contact between a parent and child, the parent may not obtain visitation until the order of protection is vacated or modified by the criminal court … . However, the criminal court has authority to determine whether its order of protection is “subject to” subsequent Family Court orders, and where the criminal court order of protection “expressly contemplates future amendment of its terms by a subsequent Family Court order pertaining to custody and visitation,” the Family Court is not precluded from granting custody or visitation by the terms of the order of protection … . Here, since the Supreme Court’s temporary order of protection dated April 1, 2016, did not state that it was “subject to” subsequent Family Court orders, the Family Court had no basis to permit “kinship visitation” supervised by the maternal grandmother. Matter of Rihana J.H. (Quianna J.), 2017 NY Slip Op 01202, 2nd Dept 2-15-17
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