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FAMILY COURT SHOULD NOT HAVE LEFT SCHEDULING SUPERVISED THERAPEUTIC PARENTAL ACCESS TO THE PARTIES (SECOND DEPT).

The Second Department determined Family Court should not have left it to the parties to work out mother’s supervised therapeutic parental access:

Here, the Family Court’s determination that there had been a change in circumstances and that it was in the children’s best interests to award the father sole legal and residential custody, with the mother’s access limited to supervised therapeutic parental access is supported by a sound and substantial basis in the record and, thus, will not be disturbed … .

However, the Family Court should have set forth in its order a schedule and designated a provider for supervised therapeutic parental access, rather than implicitly delegating the resolution of those issues to the parties … . Accordingly, we remit the matter to the Family Court, Orange County, to forthwith set an appropriate schedule and select a provider for the mother’s supervised therapeutic parental access with the children. Matter of Thomas R.K. v Tamara S.K., 2018 NY Slip Op 07725, Second Dept 11-14-18

FAMILY LAW (FAMILY COURT SHOULD NOT HAVE LEFT SCHEDULING SUPERVISED THERAPEUTIC PARENTAL ACCESS TO THE PARTIES (SECOND DEPT))/JUDGES (FAMILY LAW, FAMILY COURT SHOULD NOT HAVE LEFT SCHEDULING SUPERVISED THERAPEUTIC PARENTAL ACCESS TO THE PARTIES (SECOND DEPT))/DELEGATION OF JUDICIAL DUTIES (FAMILY COURT SHOULD NOT HAVE LEFT SCHEDULING SUPERVISED THERAPEUTIC PARENTAL ACCESS TO THE PARTIES (SECOND DEPT))

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