Legal Question in Family Law in New York

Re: Judge Ruled by Womans Rights/Children Being Abused

Perhaps the judge's denial ofa protective order should have been appealed. You can also take recourse to exposing the judge's action to toe the media.

Gary Moore

Re: Judge Ruled by Womans Rights/Children Being Abused

The judge apparently ruled that only a custodial parent can apply for an Order of Protection of the child. If so, and you are non-custodial, then you would not have had legal "standing" to ask for an order of protection.

You can still do a number of things:

1. File a complaint or motion to have the custody status changed.

2. File a civil lawsuit on behalf of the child as a next friend.

3. Perhaps most importantly: child abuse, and certainly the assault you described, is a serious crime. Have you reported this crime to the police? If not, you should file a police report, and see if the prosecutor's office will prosecute your ex-spouse.

If you have not yet filed a criminal complaint with the police, may I ask, why not?

Re: Judge Ruled by Womans Rights/Children Being Abused

If you and your daughter's believe that their health, safety and well being, is endangered by remaining with their mother, they should be and should have been removed from her home.

To wit:

You can Petition for custody of your daughters and if they or one of them is 14 years or older, they can "join" in your Petition to change custody from their mother to you.

Or, you and they can Petition for your daughter's removal from their home and placement in a foster or group home, in their "best interests."

If you and your daughter's decided Not to Petition for removal, and decided to continue custody with the Mother; then ... the Court's response to your complaint was not unreasonable.

Please note that, Agreeing to continued custody with the mother undermines a case against the mother's "parental fitness;" and eliminates "removal, from custody," which is essentially the only remedy available, in a case where it is deemed unsafe, unhealthy or inappropriate for the children to remain with [the] offending parent.

Further, despite what you may have heard or believe, Neither you, the Court, or your daughters, can modify the mother's behaviour or attitude toward your daughters, before the Mother decides, that her behaviour should or will be changed.

SUGGEST: You need to Spend your time, energy and work on protecting and maintaining your and your daughter's physical and emotional health and wellbeing, in a more agressive way.

Consider: a) Spend more time with your daughter's at your home, (could alleviate some stress and pressure). b) Spend much more time helping your girls with their school work, other activities and social development. c) Arrange for family counseling for yourself and your daughter's, to help work through and handle whatever problems they and you may have with their mother. This list does not exhaust the possibilities or your options. Stay focused on your daughters. Their mother can be just another person passing through their lives.

Good luck,

Phroska L. McAlister,ESQ