McIver-Heyward v. Heyward

In a proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Rockland County (Christopher, J.), entered September 1, 2006, which granted the father’s petition to modify a prior order of the same court (Kaufman, J.), dated December 29, 2004, by vacating so much of the order as directed the father, as the noncustodial parent, to stay away from the marital residence.

Ordered that the order is reversed, on the law and the facts, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

The Family Court erred in granting…