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THE JUDGE SHOULD NOT HAVE DELEGATED HER AUTHORITY TO DETERMINE PARENTAL ACCESS TO ONE OF THE CHILDREN IN THIS ABUSE/NEGLECT PROCEEDING (SECOND DEPT).

The Second Department, reversing (modifying) Family Court in this abuse and neglect proceeding, held Family Court should not have delegated its authority to determine father’s parental access to one of the children:

… Family Court … found that the father sexually abused and neglected Alexander and derivatively abused and neglected Maximillian, and conditioned the father’s parental access with Alexander and Maximillian upon the consent of Alexander. * * *

… [A] court may not delegate its authority to determine parental access to either a parent or a child … . … [W]e remit the matter … for a new determination as to the father’s parental access with Alexander and Maximillian in accordance with the best interests of those children … . Matter of Alexander M.R. (Manuel D. J. R.), 2026 NY Slip Op 05790, Second Dept 10-7-26

Practice Point: A judge cannot delegate the authority to determine parental access.​

 

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