Legal Question in Family Law in New York
Father refusing children therapy
My former husband is refusing to allow our children to attend therapy sessions on days when the children are with him. It is very difficult to keep a consistent appointment schedule of therapy in this manner. As is, our schedule with children is a rotating 4 on 4 off schedule with no set days. Father is not only refusing therapy but also refusing to allow children to attend their other activities (piano lessons/religious instruction) on ''his 4 days'', although he told a support magistrate otherwise. Therefore I constantly have to reschedule, pay cancellation fees and miss appointments and lessons because of his refusing to cooperate. In addition he owes the children's 529 funds 1200/each for this year (2 kids). Obviously this is annoying but is it legal just to ignore the divorce agreement made in Supreme Court. Other than Small Claims Court for the 529 funds, are there any other options to urge father to comply for the benefit of his children? He is a teacher and is aware of the need for consistency where lessons are concerned. A court officer suggested seeing a mediator but he will not agree to or pay for that. I am just looking to make life more consistent for our children at this point. Any suggestions? Please help.............
1 Answer from Attorneys
Re: Father refusing children therapy
The father probably wants to use his time to have meaningful one on one visitation with the children. His time with the children is valuable. Therapy, piano, religious instruction interfers with his time. He may be worried that you are scheduling all of these events during his visitation period.
Therefore, I agree with the Court officer. What you and your husband should be doing is laying out the school year in advance. That way, the time for extra curricular may be agreed upon.
Concerning child support, the issue of support is independent to visitation. Because we are dealing with 529 funds, I do not think that Family Court has jurisdiction to review that issue. Therefore, you are correct to seek relief in Small Claims if the amount is under $5,000.
Mike.
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