The case is Matter of Young v Young and concerns the intersection of family and supreme court in a matrimonial proceeding. The distilled facts are these: the husband filed for divorce in Supreme Court, the wife filed for spousal support in Family Court. The marriage had lasted only a year. Why did the wife file...
The case is Cilento v. Cilento, and the appellate court upheld the matrimonial settlement agreement against the defendant/husband’s objection. In relevant part, the settlement agreement stipulated that the husband/father’s income was $90,000 per year, and that he would pay $4,000 per month in child support until the youngest child was emancipated. That works out to...
The case is Matter of Annette M.-L. v William L. and the trial court’s decision to dismiss the case was reversed. The abbreviated facts: the parents had a Florida divorce order (2010) that included a provision for joint legal custody, the father consented to the mother and child’s relocation to New York (2013), the father...
The decision is here. This was not, by a long shot, our first time at the appellate division. It was, however, the first case we have taken from trial through the entire briefing process and final decision. We’ve argued numerous interim applications for temporary orders and relief, we’ve brought motions for stays and for permission...
The case is Matter of Tanya H. v Dennis H. and the issue surrounds a mother’s petition to modify an order of visitation – which the trial court dismissed. The question concerned whether a change of circumstances was alleged sufficient to warrant a change of the order in the best interests of the child. The...
The case is Matter of Avrie P. (Meliza T.) and the family lawyer for the mother apparently must have done a pretty good job at trial and on appeal because the Appellate Division found unanimously that, on the facts of this case, there should not have been a finding of neglect. The Court held that...
The case is Matter of Bisoh C. v Valentine S. and the First Department just upheld all findings, conclusions, and orders of the trial court. The step-mother prevailed at both an extraordinary circumstances (Bennett) hearing and then a best interests of the child hearing. This two part analysis is required for non-parents to challenge parental...
Two points of interest in this case – Matter of Ayanna P. (Darryl B.). (1) The appellate court upheld that it was proper for the trial judge to take a negative inference from the respondent’s failure to testify, notwithstanding the pending criminal case against him. (2) The appellate court reversed a derivative finding of abuse...
The case is Matter of Deserie D.G. v Jonathan C. and the court there upheld the well-known tenets that custody matters are decided within the sound discretion of the trial court – those findings are accorded great deference as the judge is in the best position to evaluate parties’ testimony, character, and sincerity. Those determinations...
The case is Matter of Veronica C. v Ariann D. and the case is about a family offense petition. A family offense petition is meant to provide immediate protection for families in crisis – and specifically and intentionally to provide civil protection orders for victims of domestic violence. A prerequisite to family court jurisdiction is,...
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