“I live in Erie County and I don’t know what to do! My ex-spouse, who lives in Buffalo, just refused me access to my child even though the Erie County Family Court Judge ordered that I get to visit her! What should I do?”



The best course of action, based on current New York State law, is to bring a contempt action to enforce the parenting time order. It is important to submit the contempt of court petition to a Family Court. Under New York State law, Family Court has jurisdiction over such motions and, unlike filing a motion or petition in Supreme Court, filing a petition in Family Court is free.

Once you file the contempt petition, the court will likely schedule a “show cause” hearing to determine what exactly is going on. In an extreme case, a court in New York State could strip the parent, denying parenting time, of custody.

A court in New York State may also order “makeup” or compensatory parenting time. A New York court may conclude increasing parenting time is an appropriate sanction for your ex-spouse’s denial of parenting time. Finally, keep in mind, Judges presiding over Family Court in New York State have significant discretion in deciding these matters. As a result, at times, even when all the facts are known, it can still nevertheless be difficult to know what the court will order.

For more questions, contact a Western New York Attorney today.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s