Frustrated Father trying to appease daughter

The parties, who were never married, have two children together, the younger of whom is now 17 years old. The parents have been litigating custody and visitation issues for almost the entire lives of their children.

In its December 28, 2016 decision in Matter of Sullivan v. Plotnick, the Appellate Division, Second Department, addressed a family’s relationships, concluding (?) more than a decade of litigation. By consent orders in 2004 and 2005, the mother had physical custody of the children. In 2007, the mother petitioned to modify the earlier-agreed visitation schedule. Without a hearing., the Family Court granted the father’s motion to dismiss the mother’s petition. On a prior appeal, the Second Department reversed that order and remitted the matter for a hearing. In 2010, the father filed a petition to modify the custody and visitation orders so as to award him sole custody of the children, alleging that the mother interfered with his parenting time.

In July 2010, while these proceedings were pending, the children’s paternal uncle contacted the children and revealed that the father had been previously married, and that they had two older siblings. The children were upset that the father had withheld this information and refused to visit or communicate with the father.

In an attempt to rehabilitate the relationship between the father and the children, in 2010 the Family Court directed therapeutic visitation. The father subsequently filed two motions alleging that the mother had violated that direction. He also filed petitions to vacate a 2007 support order, and sought sole physical and legal custody on the basis of the mother’s alienation. After a hearing, by order dated September 6, 2011, the Family Court found that the mother willfully violated the orders directing therapeutic visitation.


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Contested litigation is remarkably unsuited for healing a divorced family. One gets a sense of the feelings of frustration, if not helplessness a Family Court Judge may feel as she tries to figure out “what do we do next?” What remedy should be ordered that will actually strengthen the bonds between parent and children?

Consider the July 1, 2016 decision of Erie County Family Court Judge Mary G. Carney in Matter of Gregory S. v. Dana K. Judge Carney was charged with resolving the claims of a father, rejected by his four children in substantial part due to the mother’s willful violations of visitation orders.

Judge Carney noted that the family’s history was branded by protracted, caustic litigation, toxic interpersonal conflict and all categories of broken hearts.


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The father petitioned the Family Court for enforcement of his rights to visit with his 13-year old son. Alternatively, the father asked to suspend his child support obligation. Instead, Westchester County Family Court Judge Hal B. Greenwald granted the mother’s cross petition to modify the prior order of custody and visitation and suspended the father’s

Difficult choiceA recent Swedish study based on a survey of almost 150,000 6th and 9th-grade students revealed that children who live equally with both parents after parental separation suffered from fewer psychosomatic problems than those living mostly or only with one parent. As might be expected, children of separated parents generally reported more psychosomatic problems than those in intact “nuclear” families.

A group of Swedish university and government child experts published their results online April 28, 2015 in the Journal of Epidemiology & Community Health in the article, Fifty moves a year: is there an association between joint physical custody and psychosomatic problems in children?

Using responses along the range of “never,” “ seldom,” “sometimes,” “often” and “always,” the survey investigated correlations between parenting arrangements and “psychosomatic” problems including difficulties in (1) concentration and (2) sleeping; suffering from (3) headaches and (4) stomach aches; feeling (5) tense, (6) sad and (7) dizzy and (8) loss of appetite. The students were asked to respond to the survey questions with

The authors noted that during the past 20 years, it has become more common for children in the Western world to live alternatively and equally with both parents after a parental separation. In Sweden, this practice of joint physical custody is particularly frequent and has risen from about 1–2% in the mid-1980s to between 30% and 40% of the children with separated parents in 2010.

Over the same period, however, there has been an increase in self-reported pediatric psychosomatic symptoms. Already, stressful circumstances such as bullying, economic stress in the family, peer and teacher relationships, schoolwork pressure and lack of emotional support from the parents have been shown to be related to psychosomatic symptoms in Swedish adolescents.


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Following a custody/visitation dispute, a parent may assert a malpractice claim as a defense to the application for the payment of fees of the Attorney for the Children. However, in its December 5, 2013 opinion in Venecia V. v August V., the Appellate Division, First Department, held that no malpractice had been committed, and no hearing was required to reach that conclusion.

The parties were the divorced parents of three children, now ages 17, 14 and 11. In their divorce action, the trial court had directed that mother would have primary residential custody in the marital apartment in Manhattan. When the mother moved  for an order allowing her to relocate with the children to Demarest, New Jersey, approximately 12 miles outside Manhattan, the father responded by moving for a change of custody. Jo Ann Douglas was then appointed Attorney for the Children.

Among the decisions below, New York County Supreme Court Justice Matthew F. Cooper allowed the relocation. The father’s visitation schedule was modified to account for the children’s schedule, including various extracurricular activities that required them to be in New Jersey.

Opposing the fee application of the Attorney for the Child (“AFC”), the father claimed that attorney had committed malpractice. He claimed that the children’s attorney ignored her professional duty by advocating the position advanced by two out of the three children (that they wanted to relocate with their mother), when the children lacked the “capacity for knowing, voluntary and considered judgment.” The father also claimed that the AFC violated the rules governing professional conduct in matrimonial matters by ignoring “abundant evidence that her clients’ judgment was not voluntary and in fact was manipulated by their mother.” The father charged that the AFC ignored the forensic expert’s observations and conclusions that the mother controlled and manipulated the children, and purposely alienated the children from him. He further argued that the AFC failed to consider post-relocation events, engaged in improper ex parte communications with the court, and assisted the mother in reducing his visitation.


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Child balancing parents 2.jpgTwo May 23, 2012 decisions of the Appellate Division, Second Department, demonstrate the importance in custody determinations of demonstrating whether a parent fosters or hampers the children’s relationship with the other parent.

In its decision in Purse v. Crocker, the court affirmed the award of Suffolk County Family Court Referee Kerri Lechtrecker of sole

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As has been the trend, a court has held that despite what may be the superior parenting skills of one parent, that parent may be denied custody if that parent does not promote the relationship of the children with the other parent.

In an April 26, 2012 decision, the Third Department in Jeannemarie O. v.