The parties in a custody matter entered into a consent order before the Family Court whereby the father’s access was subject to the prior consent of both the mother and the child. The Family Court denied the father’s subsequent application to vacate the consent order as a matter of law. On appeal filed and argued by The Pappalardo Law Group PLLC on behalf of the father, the Appellate Division: Second Judicial Department reversed the Family Court, finding that the consent order improperly delegated the Family Court’s judicial authority to determine the father’s access to the mother and the child. The delegation was vacated and the matter was remitted to the Family Court for a judicial determination of the father’s access. Read the winning decision here.
Evaluating mediation vs. litigation when a partnership is breaking up
Partnership breakup can be quite similar to a divorce in that emotions may flare despite a need to address numerous practical matters. Professionals who have committed to running a business with another person may eventually come to regret that decision if a partner...