Q: I'm in the midst of a custody battle. Recently, my sons father refuses to return my child violating the court ordered visitation. I went to court to file a violation and was given false information from an inexperienced clerk. I sought suspension of the visitation as I had to get the police involved when he didn't return the child. He goes to court and files for an order to show cause. When I appeared, the referee didn't even ask to see the police report and instead refused to discuss what he did and in turn says I violated her order as I only filed a petition and an order wasn't in place. I feel as she is not only biased but is not looking at the best interest of the child. She even changed the visitation. What can I do to suspend the visitation?
A: David's Answer: I agree with the other counsel - you need to either retain a lawyer or ask for court-assigned counsel. That said, whether you can file a motion to a Judge to deny the Referee's findings depends in part on whether you signed a stipulation allowing the Referee to "hear & determine" (versus "hear & report") as well as whether the this was a final order or an interim decision. You would also need to advise whether you are in Family Court or Supreme. For a full assessment, you're best advised to schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
No comments:
Post a Comment