In this plenary action in contract brought by a wife who seeks a money judgment for arrears in support payments due her under a separation agreement, the overriding issue is the proper interpretation of a provision of the agreement. Section 23 of the agreement specifically declares that the agreement…
Articles Posted in Manhattan
ASC Brings Action Against Mother for Severe Abuse
On June 20, 2011, the Administration for Children’s Services (ACS) filed a petition against respondent mother alleging that she derivatively severely abused the subject child by committing reckless or intentional acts that evinced a depraved indifference to human life and caused serious physical injury to the subject child’s five-year-old…
Court Listens to Two Related Cases Pursuant to Social Services Law 384b
The two cases below are about family law and proceedings. The first case deals with two related proceedings pursuant to Social Services Law § 384-b (4) to terminate the mother’s parental rights on the ground of permanent neglect, the mother appeals from two orders of disposition (one as to…
Petitioner Seeks Reimbursement of Social Assistance Left
Mrs. GR, together with her disabled husband and six minor children, are clients of the Nassau County Department of Social Services. Around July 31, 1969, Mrs. GR, who had just cashed her public assistance check, was concededly robbed of the proceeds of that check, leaving her totally without funds…
Court Discusses the Issue of Equitable Estoppel in Paternity Proceeding
The case before the Court was referred by the Support Magistrate on the issue of equitable estoppel in this paternity proceeding. The petitioner began a child support proceeding pursuant to the Uniform Interstate Family Support Act (UIFSA) as she resides in Oregon, and the respondent resides here in Nassau…
Court Discusses Outcome of Juvenile Hearing
The respondent has moved to vacate this Court’s order dated February 21, 2007 which, upon his consent, extends his placement with the New York State Office of Children and Family Services (“OCFS”) as a juvenile delinquent for twelve months and directs that OCFS continue respondent’s present placement with L…
Court Discusses Mother’s Liability for Counsel Fees
On May 19, 1969, the defendant and his former wife entered into a separation agreement which provided for the support of the parties’ children. By Mexican decree dated May 31, 1969, the defendant and his former wife were divorced. Said decree incorporated the aforementioned separation agreement. On January 21, 1977,…
Father Seeks to Restrain Mother from Relocating Children
A New York Family Lawyer said in the matter before the Court concerns child custody of two children. The children are the biological children of the divorced parties herein. The current proceedings were commenced when the father filed petitions pursuant to Article 6 of the Family Court Act (FCA) in…
Court Decides of Petition for Relocation Should be Granted
A New York Family Lawyer said that, the petitioner/mother, and the respondent/father, were divorced by judgment of divorce, dated February 14, 2000 and entered by the Nassau County Clerk on February 15, 2000. The judgment of divorce granted the parties joint legal custody of their children. Physical custody was awarded…
Court Decides if Memorandum Issued by Probation Board is Valid
A New York Family Lawyer said that, this distressing turn of events came to the attention of the court following a memorandum dated January 30, 1989 to the Probation Directors throughout the entire state from the counsel to the New York State Department of Probation and Correctional Alternatives. The memorandum…