Kenneth H. v. Barbara G.
Cases that cite this one
10 later published cases cite this decision.
- Mills v. Sweeting (Appellate Division of the Supreme Court of New York 2000)
- Carl v. McEver (Appellate Division of the Supreme Court of New York 2011)
- Christina M.M. v. Shondell R.B. (Appellate Division of the Supreme Court of New York 2008)
- In re Victoria X. (Appellate Division of the Supreme Court of New York 2006)
- Beverly v. Bredice (Appellate Division of the Supreme Court of New York 2002)
- Rhynes v. Rhynes (Appellate Division of the Supreme Court of New York 2001)
- Williams v. Mullineaux (Appellate Division of the Supreme Court of New York 2000)
- Thomas v. Thomas (Appellate Division of the Supreme Court of New York 2000)
- Dwyer v. De La Torre (Appellate Division of the Supreme Court of New York 1999)
- Folsom v. Folsom (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Family Court of Chemung County (O’Shea, J.), entered November 19, 1997, which dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to modify a prior order of protection by allowing him to have written and telephone contact with his children.
In 1994, Family Court determined that petitioner’s children were abused and issued an order of protection prohibiting petitioner from having any contact with the children until he demonstrated that he had successfully completed therapy for sexual offenders. Petitioner, who is incarcerated, thereafter filed a petition alleging that he had successfully completed a therapeutic program and requesting that the order of protection be modified so as to permit visitation in the form of written and telephone contact with the children. In lieu of an evidentiary hearing, Family Court conducted an informal discussion with the Law Guardian, the County Attorney and respondent, following which it determined that resuming visitation would not be in the children’s best interests and summarily dismissed the petition. Petitioner appeals, primarily contending that Family Court erred in dismissing the petition without permitting him an opportunity to present evidence in support of the petition.
“[T]he best interests of the children is the paramount consideration in determining whether visitation should be permitted by a parent who has committed abuse” (Matter of Tanya T. [Steven U.], 252 AD2d 677, 679, lv denied 92 NY2d 812). A determination of the children’s best interests should only be made after a full evidentiary hearing unless there is sufficient information before the court to enable it to undertake an independent comprehensive review of the children’s best interests (see, Matter of Hermann v Chakurmanian, 243 AD2d 1003, 1004; Miller-Glass v Glass, 237 AD2d 723, 724; Matter of Oliver S. v Chemung County Dept. of Social Servs., 162 AD2d 820). Here, although Family Court was presented with a report from one of the children’s therapists, the record before us does not indicate that the court was furnished with information from treatment professionals pertaining to the other two chil
Mercure, J. P., Peters, Spain and Carpinello, JJ., concur. Ordered that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Chemung County for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.