From Casetext: Smarter Legal Research

In the Matter of Davenport v. Ouweleen

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 2004
5 A.D.3d 1079 (N.Y. App. Div. 2004)

Opinion

CAF 02-01887.

Decided March 19, 2004.

Appeal from an order of the Family Court, Monroe County (Ann Marie Taddeo, J.), entered January 14, 2002. The order, inter alia, granted petitioner's cross petition for sole custody of the parties' child.

KATHLEEN H. VALONE, ROCHESTER, FOR RESPONDENT-APPELLANT.

JAMES S. HINMAN, LAW GUARDIAN, ROCHESTER, FOR NICCOLE O.

PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the condition with respect to any future application for resumption of visitation and/or communication and as modified the order is affirmed without costs.

Memorandum: Respondent appeals from an order that granted petitioner's cross petition for sole custody of the parties' child and suspended visitation and communication between respondent and the child. Contrary to the contention of respondent, Family Court properly suspended visitation between respondent and the child. The evidence establishes that visitation is detrimental to the child's welfare ( see Matter of Mallory v. Mashack, 266 A.D.2d 907).

We agree with respondent, however, that the court lacked the authority to condition any future application for resumption of visitation and/or communication upon his completion of a mental health evaluation and compliance with any and all treatment recommendations ( see Murek v. Murek [appeal No. 2], 292 A.D.2d 839, 840). We therefore modify the order by vacating that condition. We have considered respondent's remaining contention and conclude that it lacks merit.


Summaries of

In the Matter of Davenport v. Ouweleen

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 19, 2004
5 A.D.3d 1079 (N.Y. App. Div. 2004)
Case details for

In the Matter of Davenport v. Ouweleen

Case Details

Full title:MATTER OF SUSAN DAVENPORT, PETITIONER-RESPONDENT, v. SCOTT OUWELEEN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 19, 2004

Citations

5 A.D.3d 1079 (N.Y. App. Div. 2004)
773 N.Y.S.2d 701

Citing Cases

Waite v. Clancy

Contrary to the mother's contention, Family Court's determination to suspend her visitation is supported by a…

In the Matter of Kathleen M.K. v. Brian S.R

Contrary to respondent's contention, the evidence establishes that continuation of visitation would be…