Court Filings

The Appellate Division reversed Family Court's denial of a motion to vacate an order of protection entered by default against Jonathan U. The Family Court had removed respondent's counsel from the courtroom when Jonathan failed to appear for an in-person hearing and declined available alternatives (such as allowing a virtual appearance). The appellate court held that this conduct deprived respondent of the fundamental right to be heard, so the default order of protection was vacated and the case remanded for further proceedings consistent with the opinion.

The Appellate Division reversed part of a divorce judgment that enforced a 2015 postnuptial agreement and remitted the case for a hearing. The defendant had sought to set aside the agreement, alleging limited English, that his lawyer did not review the document and was later disbarred for fraud, and that he thought he was signing a business document. The appellate court found triable issues about whether the agreement was fair and about the circumstances of its execution, so the trial court's denial without a hearing could not stand and a new hearing is required to determine whether the postnuptial agreement should be set aside.

The Appellate Division reversed a Family Court finding that the father willfully violated a child support order and vacated the related commitment order, remitting the case for a new hearing. The court concluded the father was deprived of his statutory and constitutional right to counsel because the Support Magistrate failed to secure a knowing, voluntary, and intelligent waiver or to inquire about assigning new counsel after the father's assigned lawyer was relieved. Because the record shows the father protested lack of counsel and lacked basic understanding of proceedings, reversal was required regardless of the merits.

The Appellate Division, Fourth Department reversed a Family Court order that dismissed the mother's custody petition and awarded joint custody after the mother failed to appear at a hearing. The court held that Family Court did not adequately ensure the mother knowingly, voluntarily, and intelligently waived her right to counsel before allowing her to proceed pro se. Because the right to counsel in child custody proceedings is fundamental, the court reinstated the mother's petition and remitted the case to Family Court for a new hearing to allow a proper waiver inquiry and further proceedings.

The Appellate Division reversed Family Court’s May 17, 2024 order that modified a 2015 Texas custody and visitation order and granted the mother sole physical and legal custody. The court held that, under New York’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), New York lacked authority to modify a prior Texas custody order because Texas retained exclusive, continuing jurisdiction and the father continues to reside in Texas. The court also found that Family Court failed to properly invoke temporary emergency jurisdiction because it did not communicate with the Texas court or limit the duration of its order, so the order was vacated and the case remanded for proper UCCJEA procedures.