In re James S.

Mercure, J.E

Petitioner commenced the underlying Family Court article 10 proceeding alleging that respondent neglected her three children, James S. and Mercedes S. (born in 2006) and Brittany R. (born in 1997). In July 2009, the parties agreed to an adjournment in contemplation of dismissal (hereinafter ACD) (see Family Ct Act § 1039). Among other things, the ACD directed respondent to comply with the terms of an order of protection requiring that she “refrain from offensive conduct. . . and . . . domestic violence and arguing in the presence of the children.”

Petitioner moved to restore the…