Judge Lillian Wan sitting in the Family Court in Kings County had a case before her brought by the Administration for Children's Services (hereinafter referred to as "ACS"). ACS alleged the parents had abused their child, Maria. A second action was also brought derivative of the first action claiming the sister had been abused too. Fact Finding … [Read more...]
Child Abuse – Mandatory Reporters
Child Protective Services (hereinafter referred to as "CPS") and the Administration for Children's Services (hereinafter referred to as "ACS") are charged with protecting the rights of children who are unable to protect themselves. To a large extent, they do a good job. However, these agents of ACS and CPS have been known to harass families, remove … [Read more...]
What to do and What not to do If You’re Getting Divorced
Getting divorced is not fun. It can be one of the most stressful times in men and women's lives. Even in amicable situations, men and women tend to find themselves being stressed out. Divorce involves an emotional break up as well as a financial break up. Issues involving custody and visitation of children can be gut wrenching. There are things … [Read more...]
Suspects In Abuse Cases – Phone Calls are Taped
New York City jails tape all phone calls made by prisoners with the exception of calls to doctors and lawyers. Prosecutors have been using these tapes against these prisoners. More than 8,200 calls were taped last year in New York City jails. The largest use of these taped calls comes in domestic violence cases. Domestic Violence Men charged … [Read more...]
Father Not a Danger to His Children
James C. was convicted in 2007 of patronizing under age prostitutes. As a result of this conviction, a Dutchess County Social Worker and Family Court Judge had him removed from his home in Poughkipsee for a period of three years. James, he spent a year in jail. After spending a year in jail he plead guilty in New York County to second degree … [Read more...]
Prenuptial Agreement In, Lawyer Out
Supreme Court Justice Daniel Palmari recently disqualified Jeffrey S. Stephens from representing Edward Scannapieco, pursuant to a New York ethics rule that bars an attorney from working as an advocate in a case when his presence may have a "significant issue effect." Justice Palmari found that attorney Stephens of Greenwich, Connecticut, had … [Read more...]
Interrogation of Child Abuse Victims
The United States Supreme Court recently had before them the case of Camreta v. Green, 131 S. Ct. 456 (2010). In this case, the issue presented was whether the Fourth Amendment to the United States Constitution requires government officials to obtain a search warrant or parental permission before they can interrogate a suspected child abuse victim. … [Read more...]
Father Charged with Sexual Abuse Exonerated
Judge Greenberg, sitting in the Family Court of Nassau County, rendered a decision on January 21, 2010, dismissing child abuse proceedings against a father. The petition against the father alleged that he had committed sexual offenses regarding his daughter Isabella. The charges alleged he would rub lotion on her, “slap her butt” and “whistle at … [Read more...]
Juvenile Probation Assessment Tool Discriminates Against Boys
Judge Hunt, sitting in the Family Court of Queens County in November of 2010, rendered a decision in a case that criticized the Probation Assessment Tool. Judge Hunt stated that the Probation Assessment Tool, which was implemented in the year 2003, provided "unwarranted harsher treatment" for many males and "unwise and unjustified lenient treatment … [Read more...]
Family Court has Extraterritorial Jurisdiction
In November of 2010, Family Court Judge Julianne S. Eisman, sitting in Nassau County, New York, rendered a decision that the New York Family Court has subject matter jurisdiction over acts that take place outside of the United States of America. Children Assaulted In Anguila A social worker named Annette Richardson pushed her daughter to the … [Read more...]
