Visitation: Matter of Koss v. Michaud

Listen to this article

Appellate Division, Fourth Department

Visitation

Violation of Order

Matter of Koss v. Michaud
645
Appealed from Family Court, Oneida County

Background: The appeal is from an order in a proceeding pursuant to Family Court Act Article 6. The order, inter alia, found that respondent willfully violated an order of visitation and imposed sanctions upon a finding the mother interfered with the father’s visitation rights.

Ruling: The order is reversed. The court agrees with the mother that the family court’s finding that she willfully violated the order of visitation on a certain date does not have a sound and substantial basis in the record. The order on appeal, read in conjunction with the underlying decision, indicates the allegations in the petition were determined to be unfounded, with the exception of the allegation that the mother breached her duty to foster the relationship of the parties’ two children with the father when she permitted one of the children to decide for herself whether to accompany the father for Christmas visitation. Evidence in the record establishes, however, that the mother prepared the child’s backpack for that visitation, placed it by the front door and unequivocally told the child in question she would be going with the father for visitation.

Christine L. Michaud, pro se, and Abbie Goldbas, law guardian