Barnett v. Barnett
Opinion of the Court
The motion court properly based the challenged restraint upon a finding that it is in the child’s “best interests to have the benefit of his parents’ full attention during his time with them, at least until his apparent anxiety (as reported by [the forensic evaluator]) about the divorce has abated” (see Colley v Colley, 200 AD2d 839, 840 [1994]; cf. Anonymous v Anonymous, 286 AD2d 656 [2001]). Such finding is adequately supported by the forensic evaluator’s opinion that defendant is insufficiently mindful of the child’s divorce-related anxiety and that his time with the child needs to be more relaxed. Concur—Sullivan, J.P., Ellerin, Nardelli and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.