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Family Court Issues An Order Of Protection Between Adopted Mother & Birth Mother

Earlier this year, Judge Julianne Eisman, sitting in the Family Court of Nassau County, rendered a decision describing that the relationship between a birth mother and the woman who adopted her three children as an “intimate relationship”. Under New York State Law, this means that the Family Court has jurisdiction to grant an order of protection.

M.S. has five adopted children. Three of the children are biological sons of K.G. In March of 2009, K.G. sent a series of threatening letters to M.S. In one letter, she wrote “please return my son’s death certificate or crematory certificate”. M.S. also indicated that K.G. had taken photographs of the children and followed their bus to school. Due to these events, M.S. brought an action in the Family Court of Nassau County for a temporary order of protection.

Family Court Jurisdiction

The Family Court in New York State is a court of limited jurisdiction. It can only exercise jurisdiction concerning orders of protection which involve individuals with an “intimate relationship”. This “intimate relationship” provision was added as an amendment to the New York State law in 2008.

Judge Eisman found that an “initimate relationship” did exist between the adoptive mother and the birth mother; therefore, she granted an order of protection to the adoptive mother preventing the birth mother from interacting with the children. This is an excellent decision. The 2008 amendment to the New York State law was designed to expand the Family Court’s ability to grant orders of protection. Judge Eisman cirrectly interpreted the statute.

Should you have any questions regarding orders of protection, child custody or any other issues involving family disputes, please contact the Family Law attorneys at the law offices of Elliot S. Schlissel, by email or at 1-800-344-6431.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore