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Petitioner Alleges Violation of Order of Visitation


This is a case being heard in the Appellate Division of the Supreme Court of the State of New York. The petitioner and appellant in the case is Claudio M. The respondent in this case is Janet R.

A New York Family Lawyer said the petitioner in this case is appealing an order that was made in the Family Court of Bronx County on the 19th of November, 2010. Judge Alma Cordova made the original order that dismissed the petition made by the father for sanctions against the respondent mother for violation of a court order of visitation.

Case Discussion

The Family Court originally dismissed the petition made by the appellant that alleged that the respondent had willfully violated the order of visitation by not dropping the child off for two weeks of summer visitation with the petitioner. This visitation was supposed to begin on the 15th of August, 2010.

During the hearing, the petitioner conceded that the respondent had sent him a letter in the beginning of March that stated she was taking the child on vacation from the 21st of August through the 5th of September. A New York Criminal Lawyer said the petitioner then notified the respondent on the 28th of April that he wished to exercise his right to a two week summer visitation during a time that he knew would overlap with the previously scheduled plans of the respondent.

The Family Court was within its discretion in finding the petitioner acted unreasonably and the respondent had not willfully violated the visitation schedule.

Court Decision

After reviewing the facts of the case, the original order made in the Bronx County Family Court is affirmed, without costs. A Queens Family Lawyer said the petition for sanctions against the respondent is dismissed.

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