Matter of Sayeh R.

(dissenting).The majority holds that when one parent illegally prevents the other parent from visiting their children, the efforts to effectuate visitation pursuant to a court order by the excluded parent may constitute “neglect.” Because the reasoning of the majority may not be sustained, we dissent.

This neglect proceeding was brought by the New York Monroe County Department of Social Services (MCDSS) for an order of protection to prevent the subject children from having to comply with a custody order issued by a court in Florida. Prior to the commencement of this matter, the father, a New…