A New York court ruled that there were no grounds for granting either parent’s order of protection requests against the other, as reported in a March 18, 2013 New York Law Journal article. The feuding couple fought the dispute during a custody issue over their twin daughters. The mother of the girls initiated the action by filing for a divorce on the grounds of cruel and inhuman treatment. The mother consolidated this action with a petition to the Family Court seeking sole custody and order of protection against the girls’ father.

The the mother’s petition she argued that the father physically, emotionally, and verbally abused her in the front of the children, as well as insisted on having complete financial control over the family. The mother further argued that as a result of this abuse one of the twins suffered severe stress resulting in an eating disorder.  Unfortunately, the mother did not offer any supporting evidence to these allegations and testimony showed that neither of the children were witnesses to these allegations. On the contrary, the testimony exposed, that since the mother left the marital home, roughly a year ago, the twins had not seen their father.

The court concluded that it was inappropriate to remove the twins from the mother’s care and custody but found that the father was not an unfit parent. The court ruled to have physical custody remain with the mother but the father was entitled to full decision-making issues related to medical or mental health for the children.

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