Legal Opinion

Matter of Harry S. v. Olivia S.A.

Appellate Division of the Supreme Court of the State of New York

Decided October 13, 2016No. 1917PublishedCited by 3 opinions

1Opinion of the Court

Order, Family Court, Bronx County (John J. Kelley, J.), entered on or about November 24, 2015, which, to the extent appealed from as limited by the briefs, after a hearing, denied petitioner father’s request for visitation with the children, unanimously affirmed, without costs.

Although denial of visitation is a “drastic remedy,” it is warranted where compelling reasons and substantial evidence show that visitation would be detrimental to the child (Matter of Maxamillian, 6 AD3d 349, 351-352 [1st Dept 2004]). Here, there is sound and substantial evidence for finding that the father should be…

2Cases cited4 opinions

  1. People v. MorenoNew York Court of Appeals · 1987
  2. Brett K. v. Brian L.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Gregory C. v. Nyree S.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Tyrone G. v. Lucretia S.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by3 opinions

  1. Matter of Don B. v. Camilla E.Appellate Division of the Supreme Court of the State of New York · 2018
  2. Matter of Josephine F. v. Rodney W.Appellate Division of the Supreme Court of the State of New York · 2019
  3. Matter of K.M.P. v. A.D.Appellate Division of the Supreme Court of the State of New York · 2025

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