Judge Ariel D. Chesler

Four recent decisions address the issue of whether “stay at home” orders and the generalized pandemic threat are sufficient to deprive a child of regular and meaningful personal contact with both parents.

No, held Bronx County Family Court Judge Ariel D. Chesler on May 7, 2020 in Matter of S.V. v. A.J.

A generalized fear of the coronavirus crisis we all face is insufficient to severely limit and perhaps harm a child’s relationship with a parent.

There, the parties were the parents 4- and 2-year-old children who lived primarily with their mother. Prior to the father’s current application, numerous Family Court petitions had been filed. However, no temporary or final custody orders had been entered. A January 16, 2020 order granted the father alternate weekend visitation. Moreover, a Criminal Court final Order of Protection directed the father to stay away from the mother. As a result, the children were being exchanged at a police precinct.

The visitation order had been followed until the New York and New Jersey quarantine orders were issued. Then, the mother unilaterally decided not to produce the children for three alternate weekend visits beginning March 27th. In response, the parties arranged through their attorneys for daily video conference visits to take place between the father and the children. However, when further efforts by the parties to resolve the issue failed, the father petitioned the court to enforce the temporary order schedule, schedule makeup visits, and to direct daily video conferences.


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