Legal Question in Family Law in New York

Judicial Misconduct?

My ex husband has a history of filing frivilous motions against me for nothing more than to alarm and harass me. For 16 months he has not called or attempted to have a relationship with our five year old son. Recently, he has filed a violation petition against me to claim he has been denied for the past 16 months. The first Judge we had refused to transfer the case to the childs home state, New Jersey. I was told by the law clerk it is because the Father is living in New York. I do not know if that is the real reason however that is against the UCCJA if it is true. This Judge denied my NJ's attorney from appearing Pro Hac Vi shae twice and gave no reason why he ordered it stay in NY. Since we Informed him that we would be filing a complaint he has since recused himself and we were given a new Judge. This new judge gave a one week notice of a new trial and refuses to move it claiming, Standards and Goals, Judge needs to give permission for this. I have witness's from CA, PA and in NJ,the Childs home state. I feel if she does not ajourn I will be unduly prejudiced if I am unable to provide testimony that this is a frivilous motion. Why can't this be dismissed and transferred to NJ? Also Why cant the trial be moved to a better date?


Asked on 6/29/05, 6:54 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Judicial Misconduct?

Notwithstanding your current NJ residence, if you were married, or divorced in NY, NY would have continuing jurisdiction over issues concerning [the] child of your marriage.

An "out of state" attorney is granted permission to appear or represent a party before a Court, as a "courtesy," not as a right.

If you are unable to appear, "for good cause," the Court can permit your "appearance" by telephone, if arranged in advance.

A parties' Court Notice or Summons to Appear is actually a "mandate," pursuant the Court's schedule.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 6/29/05, 6:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York