FATHER’S VISITATION RIGHTS SHOULD NOT HAVE BEEN INDEFINITELY SUSPENDED WITHOUT A HEARING, UNTESTED EVIDENCE PRESENTED AT CONFERENCES NOT SUFFICIENT (SECOND DEPT).
The Second Department, reversing Family Court, determined father’s visitation rights should not have been suspended indefinitely without a hearing. Family Court had relied on untested evidence presented at conferences:
Generally, where a facially sufficient petition has been filed, modification of a Family Ct Act article 6 custody and visitation order requires a full and comprehensive hearing at which a parent is to be afforded a full and fair opportunity to be heard … . A decision regarding child custody and visitation should be based on admissible evidence … . Here, the Family Court relied on information provided at the court conferences, and the hearsay statements and conclusions of mental health providers whose opinions and credibility were untested by either party … .
Under the circumstances of this case, the Family Court erred when it, without a hearing, in effect, denied the father’s petition for increased visitation and indefinitely suspended his visitation with the child … . Matter of Edmunds v Fortune, 2017 NY Slip Op 09126, Second Dept 12-27-17
FAMILY LAW (FATHER’S VISITATION RIGHTS SHOULD NOT HAVE BEEN INDEFINITELY SUSPENDED WITHOUT A HEARING, UNTESTED EVIDENCE PRESENTED AT CONFERENCES NOT SUFFICIENT (SECOND DEPT))/EVIDENCE (FAMILY LAW, FATHER’S VISITATION RIGHTS SHOULD NOT HAVE BEEN INDEFINITELY SUSPENDED WITHOUT A HEARING, UNTESTED EVIDENCE PRESENTED AT CONFERENCES NOT SUFFICIENT (SECOND DEPT))/VISITATION (FAMILY LAW, FATHER’S VISITATION RIGHTS SHOULD NOT HAVE BEEN INDEFINITELY SUSPENDED WITHOUT A HEARING, UNTESTED EVIDENCE PRESENTED AT CONFERENCES NOT SUFFICIENT (SECOND DEPT))