Legal Question in Family Law in New York

Can the Law Guardian initiate a cross-motion to modify a visitation order without prior notice and papers to the parties as per New York CPLR (see CPLR 2103(e))? Here I am talking about an oral motion made at the hearing where no cross-motion has been filed by the Respondent or the Law Guardian and only an Affidavit of Opposition is on file by the Law Guardian.


Asked on 1/11/11, 5:59 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

If the judge allows for an oral motion the answer is yes. Your attorney can make an objection and request a written motion so you can reply. Attorney's for the Child get a lot of leeway to perform their responsibilities.

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Answered on 1/17/11, 7:35 am


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