New York Divorce Report - New York's Divorce and Family Law Blog

One parent’s post divorce desire to relocate with children creates a practical and legal dilemma; if the non custodial parent has a close relationship with the children, and the children are permitted to relocate, their relationship will certainly suffer.     The reasons for the move, which are generally described as benefiting the custodial parent and the children, must be carefully weighed against the negative effect the move will have on the non-custodial parent’s relationship with the children.  One judge came up with a clever solution- video or tele-conference visitation.  In Baker v. Baker, the Judge permitted a mother, who... More

In the past, many matrimonial actions got off to a particularly acrimonious start because one spouse was fearful that the other would transfer and hide assets, cancel insurance and run up debts as soon as they received notice of the divorce. As a result, one party had to go to the expense of making a motion to obtain an injunction preventing to the other spouse from acting financially irresponsibly. Next week, a new law is goes into effect next month which makes the motion unnecessary. The law automatically enjoins parties from transferring property, relocating children, secreting assets, canceling insurance or... More

It has been a grueling, but eventful week. Not only was I busy practicing law, but I moved my office to new quarters. During this time, a television interview I had given aired. As part of the move, I had to go through the files of my past clients, which gave me cause to reflect. In many respects, my practice in transitory - when the matrimonial issue is resolved, absent some new legal issue, my daily contact with the client ends and we lose contact. It would great to know what happened in my clients’ post divorce lives. A... More

I have returned from my vacation, schools back in session and summer is, for all accounts over. So, I am back to bloggging on a regular basis. One of the most common post-divorce scenarios is that the custodial parent wishes to relocate and the move will negatively impact on the other parent’s relationship with the child. The Nassau County Family Court in the case Mr. G. v. Mrs. M (New York Law Journal, 8/28/07 (subscription required) provided a excellent primer on the subject and in doing so, denied a mother’s application to move with her child to Virginia. As laid... More