Legal Question in Family Law in New York

Re: Unfair Protective Order

Attorney McAlister's observations are good and important ideas to keep in mind.

A lot {more than you would think likely} depends on where you are located {THE City, a big city, small city, rural county}. There is an alarming absence of "uniformity" in the workings of the Family Court from one area to another.

Likewise, a lot depends on the history, or lack of history, of your family's issues in the FamCt; particularly with regard to the question of whether the Court would automatically assign a Law Guardian to the child in the midst of a "private" custody / visitation dispute.

And, yes, a lot depends on your age.

It is unlikely that your mother simply appeared at the FamCt one day and "filed" a protective order against your father. Instead, she likely filed a Petition and may have been able to allege enough 'nastiness' in the Petition to prompt the Court to issue a Temporary Order of Protection, pending an appearance in Court of all the parties.

That means that there should be, or should have been, a date set for a hearing on your mother's petition. You, yourself, would probably not receive notice of that event. You certainly have a right to ask about it. I would go so far as to say that you would be within the bounds of permissible action if you, yourself, contacted the Court to ask that a Law Guardian be assigned to represent you.

However, read carefully:

Such a contact should be strictly limited to making that specific request in one short sentence; put otherwise, do not attempt to report to the court in such a letter every (any, even) complaint, issue, concern that you may have. Simply state your name, age, your parents' names, that you believe a proceeding is pending that has a bearing on your status and that you respectfully request that the court appoint a law guardian to represent you.

Again, Attorney McAlister's observations are well-founded and you would do well to keep them in mind.

Good luck to you.

JMHayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

Re: Unfair Protective Order

In any matter before the Court where a "child's" best interest's are at issue, the "Child" has a right to be heard by way of a Law Guardian appointed by the Court.

Also, if you are 14 years or older you have a right to be heard (you may testify) before the Court respecting issues that concern you.

A Custodial Parent has obligations to care for, support, educate, protect; and so forth and has the right to expect that a child conforms their behavior to accepted norms. That means a parent may expect to control activities concerning school, chores, curfews, friends, drinking, drugs, sexual conduct and so forth. But, clearly, a Parent may not prevent a child from visiting with (or living with) a parent without good cause.

So, whether you agree with your mother's dictates or not, the question is whether the Court agrees that your best interests are served or protected by the Court's intervention.

Also, It goes without saying that what seems unfair to you may not appear unfair to the Court. Sometimes, the conflict between parental supervision over a child is the difference between a permissive parent versus a strict, disciplinarian. A permissive parent may appear to the Court, as negligent and a strict parent may appear harsh and abusive. It all depends on the facts of your case.

In any event, do not make the mistake of becoming confrontational with your mother. you will be the loser. Save your address for the Court.

Good luck,

Phroska L. McAlister