Johnstone v. Shuart

The within application is presented by way of a motion to dismiss the petition herein which petition seeks to have the custody of the infant, Lisa Shuart, awarded to the petitioner, Lisa Johnstone, her grandmother. The issue presented by the present motion made by the respondent is whether a grandparent is a proper party to institute a custodial proceeding in the Family Court.

The moving papers made the claim that a grandparent’s rights are spelled out by section 72 of the Domestic Relations Law which provides that a grandparent’s rights are only to proceed by a writ of habeas corpus in the…