After a father petitioned the New York Family Court roughly 16 times over the last eight years the presiding Family Court judge has ruled to restricted his ability to petition further on the subject matter, reported the New York Law Journal on May 31st, 2011.
The judge stated her reasoning was that the eight years of litigation and continuous court proceeding has caused the two children to be traumatized and feel alienated.
The father originally began filing petitions in an effort to regain the custody of his then 9-year-old daughter and 5-year-old son, after being removed from by the police from the home for beating this daughter.
After the incident an order of protection against the father was filed and since then the father has interacted with his children less than 10 times. The father argued that if the petitions were granted the children “would come around” and want to spend time with him. The mother argued that the children were of an age of maturity and could decide for themselves on the issue. Both children have previously stated that they do not wish to visit with their father.
Overall, the court found that it was in the best interest to deny the father’s multiple petitions. Furthermore, the court has ruled that the father is forbidden from filing another petition on the matter unless he has received approval from the acting Supreme Court justice on Staten Island.
Jayson Lutzky has been a practicing attorney in New York for over 29 years and is familiar with family laws regarding child custody disputes. If you have any questions or concerns regarding a child custody case, then please contact the law office of Jayson Lutzky, P.C., for a free initial consultation.