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IT IS PROPER TO MAKE PARTICIPATION IN COUNSELING A COMPONENT OF A PARENTAL ACCESS ORDER, BUT IT IS IMPROPER TO CONDITION A FUTURE APPLICATION FOR PARENTAL ACCESS ON PARTICIPATION IN COUNSELING (SECOND DEPT).

The Second Department, reversing (modifying) Family Court, determined that the judge should not have conditioned any future application for parental access on father’s participation in counseling. It is proper to direct a party to participate in counseling as a component of a parental access order, but it is improper to make participation in counseling a prerequisite for a future parental access application:

“A court deciding a custody proceeding may properly direct a party to submit to counseling or treatment as a component of a [parental access] or custody order” … . “However, a court may not direct that a parent undergo counseling or treatment as a condition of future parental access or reapplication for parental access rights” … , and/or “successfully complete treatment or therapy as a condition to any future application” … . While it was acceptable to direct the father to participate in therapeutic services, so much of the order appealed from as, in effect, conditioned any future expansion of the father’s parental access with the children upon his participation in therapeutic services, leading to his understanding of the reasons for neglect findings entered against him … , and progress in his therapeutic visitation with the children, was improper … . Accordingly, we modify the order so as to eliminate those conditions. Matter of Badalyan v Antaplian, 2025 NY Slip Op 02769, Second Dept 5-7-25

Practice Point: This is a common appellate issue in Family Law. Counseling is an appropriate component of a parental access order, but future applications for parental access can not be conditioned upon participation in counseling.

 

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