Tuesday, June 19, 2012

Important New Decisions - June 19, 2012 - Court of Appeals

Court of Appeals Holds That Family Court Lacks Authority to Direct Continuing Contact Between Parent and Child Once Parental Rights Have Been Terminated in a Contested Proceeding Pursuant to Social Services Law §384-b.

         In the Matter of Hailey ZZ., No. 103, NYLJ 1202558306160, at *1 (June 7, 2012) the Court of Appeals  resolved a conflict within the Appellate Divisions as to whether Family Court may direct continuing contact between parent and child once parental rights have been terminated in a contested proceeding pursuant to Social Services Law §384-b, and held that the Family Court lacks this authority.

 Court of Appeals Holds it Is Possible for a Parent with Custodial Rights to a Child to Be Guilty of Kidnaping That Child       

In People v Leonard, --- N.E.2d ----, 2012 WL 1946724 (N.Y.) the Court of Appeals held that it is possible for a parent who has custodial rights to a child to be guilty of kidnaping that child, and that it happened here, where defendant used his baby daughter as a hostage, threatening to kill her if the police approached him.

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