Legal Opinion
Barnes v. Barnes
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1996PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting permanent custody of the parties’ children to plaintiff without a hearing, based on defendant’s violation of previous court orders. The best interests of children should be determined only after a full hearing (see, Matter of Dorie v Hyde, 227 AD2d 915; Matter of Blake v Blake, 106 AD2d 916), and "defiance of a court order is but one factor to be considered when determining the relative fitness of the…
2Cases cited8 opinions
- Daghir v. DaghirNew York Court of Appeals · 1982
- Mosesku v. MoseskuAppellate Division of the Supreme Court of the State of New York · 1985
- Blake v. BlakeAppellate Division of the Supreme Court of the State of New York · 1984
- Wodka v. WodkaAppellate Division of the Supreme Court of the State of New York · 1990
- Falcone v. FalconeAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by5 opinions
- MILLS, ALLYSON A. v. RIEMAN, JOEL T.Appellate Division of the Supreme Court of the State of New York · 2015
- King v. KingAppellate Division of the Supreme Court of the State of New York · 1998
- Morrissey v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 2015
- MORRISSEY, SR., DAVID M. v. MORRISSEY, DEBRA A.Appellate Division of the Supreme Court of the State of New York · 2015
- Morrissey v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 2015