You are here: / / Mental Health Counseling Can Not Be Made a Condition of Visitation and...

Mental Health Counseling Can Not Be Made a Condition of Visitation and Court Can Not Delegate Authority to Determine When Visitation Should Be Resumed

In upholding Family Court’s denial of visitation to the mother, the Fourth Department noted:  “The court erred, however, in directing the mother to engage in mental health counseling as a condition of visitation and in delegating its authority to the children’s counselor to determine when a resumption of visitation would be appropriate … .”  Matter of Roskwitalski, v Fleming, CAF 12-01090, 370, 4th Dept, 4-26-13

 

You might also like
Hearsay Statements Exonerating Defendant Properly Excluded as Not Meeting the Reliability Requirement for a “Statement Against Penal Interest”
PLAINTIFF ALLEGED DEFENDANT HOSPITAL WAS NEGLIGENT IN PLACING HIM IN A ROOM WITH A PERSON WITH COVID; PLAINTIFF WAS ENTITLED TO DISCOVERY OF THAT PERSON’S MEDICAL RECORDS TO DETERMINE WHEN THE HOSPITAL BECAME AWARE OF THE COVID DIAGNOSIS (FOURTH DEPT).
THE CASUALTY CLAUSE IN THE LEASE DID NOT APPLY TO EXCUSE DEFENDANT-TENANT’S NONPAYMENT OF RENT DURING THE COVID PANDEMIC; THE FORCE MAJEURE, FRUSTRATION OF PURPOSE AND UNCLEAN HANDS DOCTRINES ALSO DID NOT APPLY (FOURTH DEPT). ​
Judge Properly Relied on Presentence Report to Refuse to Adjudicate Defendant a Youthful Offender
“Error In Judgment” Jury Instruction Properly Given/Defense Verdict Not Against the Weight of the Evidence
An Issue Raised for the First Time on Appeal Will Not Be Considered Where the Defect Could Have Been Cured If Raised Below/Trial Court Can Grant Summary Judgment Based on an Unpleaded Defense
Judge’s Refusal to Allow Defendant to Call Inmate Witness Required Reversal
Defendant’s Attorney Not Ineffective for Failing to Make a Motion to Suppress—Nature of a Motion Which, If Not Made, Would Constitute Ineffective Assistance Addressed by the Majority and the Dissent

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Hearsay Evidence in Neglect Proceeding Was Not Admissible—Petition Dismis... Criteria for Appellate Review of Arbitrator’s Award