James R. v. Jennifer S.
| Decision Date | 25 November 2020 |
| Docket Number | 529783 |
| Citation | 137 N.Y.S.3d 172,188 A.D.3d 1509 |
| Parties | In the Matter of JAMES R., Petitioner, v. JENNIFER S., Appellant. |
| Court | New York Supreme Court — Appellate Division |
188 A.D.3d 1509
137 N.Y.S.3d 172
In the Matter of JAMES R., Petitioner,
v.
JENNIFER S., Appellant.
529783
Supreme Court, Appellate Division, Third Department, New York.
Decided and Entered: November 25, 2020
Calendar Date: October 16, 2020
Stephen L. Molinsek, Delmar, for petitioner.
Christine E. Nicolella, Delanson, attorney for the children.
Before: Lynch, J.P., Mulvey, Devine, Pritzker and Colangelo, JJ.
MEMORANDUM AND ORDER
Colangelo, J.
Appeal from an order of the Family Court of Schoharie County (Bartlett III, J.), entered August 5, 2019, which granted petitioner's motion for a forensic evaluation.
Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two children (born in 2004 and 2006). In July 2018, the parties stipulated in open court to a settlement of the father's modification of custody petition and violation petitions then pending in Family Court. The parties stipulated to, among other things, suspension of the collection of accrued child support arrears and, as relevant here, agreed to engage in family counseling and to a protocol for the selection of a therapist. The transcript of the parties' stipulation of settlement was incorporated by reference into a consent order entered in March 2019. Thereafter, the parties failed to agree on the selection of a therapist, prompting the father to request that the court appoint as a therapist a licensed psychiatrist versed in parental alienation. In June 2019, the court appointed a psychologist, but the psychologist declined to provide counseling services. By letter, the father then, among other things, requested that the court order a forensic evaluation by a different licensed psychologist. After converting the father's request to an application for a
court-ordered forensic evaluation,
the court ordered a forensic evaluation over the mother's objection. The mother appealed from that order, and we granted the mother's subsequent motion for a stay of Family Court's order pending resolution of this appeal ( 2019 N.Y. Slip Op. 78996[U], 2019 WL 4233279 [2019] ).1
The mother and the attorney for the children contend that Family Court lacked jurisdiction to issue the order directing a forensic evaluation because the March 2019 order on consent resolved all underlying petitions...
To continue reading
Request your trial
- Stevens & Thompson Paper Co. v. Middle Falls Fire Dep't, Inc.
-
Del. Cnty. Dep't of Soc. Servs. v. Catherine I. (In re Michael H.)
...of appeal as a request for permission to appeal and grant the same (see Family Ct Act § 1112[a] ; Matter of James R. v. Jennifer S., 188 A.D.3d 1509, 1510 n. 1, 137 N.Y.S.3d 172 [3d Dept. 2020] ).3 After the AFC notified this Court about the withdrawal, we asked the parties to advise on the......
-
Donald OO. v. Tiffany OO.
...to appeal (see Matter of Melissa OO. v. Rotisha PP., 209 A.D.3d 1193, 1194 [3d Dept. 2022] ; compare Matter of James R. v. Jennifer S., 188 A.D.3d 1509, 1510 n. 1 [3d Dept. 2020] ). Moreover, the record reflects that the maternal grandfather and the mother have both since withdrawn the unde......