Legal Question in Family Law in New York
Driving distance versus radius & breach of confidentiality
Here is the problem. I had a court order that said I could move within 50 miles of Brooklyn. I drew a circle with a radius of 50 miles and moved to New Jersey on the edge of that circle (the neighborhood with the school system and house prices in that area fit my needs. My lawyer says that the driving distance from Brooklyn to where I live now is not within 50 miles (it's 67) but I say it's within the 50 mile radius (i.e. straight line from Brooklyn to where I live now is 50 miles). No where in the court order does it say ''driving distance''. It just said ''within 50 miles''.
Anyway... the problem is that my lawyer told my ex's lawyer that he agrees with her! Isn't that a breach of client confidentiality? Do I have any legal recourse since he said that? Is he right?! When it says ''within 50 miles'', does that means driving distance?
1 Answer from Attorneys
Re: Driving distance versus radius & breach of confidentiality
No, this is not a breach of any duty to you. Discussing the matter with the opposing lawyer is considered constructive, especially in Family Court.
Your lawyer may not be right about this one. How many minutes is it by train? If you must go back to court it would be very helpful to you if you could show that public transport from your ex's home would be less than one hour.
Also, check with the internet site 'mapquest' on the distance.
If you are within 50 miles, you should be ok.
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