By: Daily Record Staff//January 23, 2015
By: Daily Record Staff//January 23, 2015//
Appellate Division, Fourth Department
Change in Circumstances – Compliance with Discovery Orders
Morrissey v. Morrisey
Appealed from Family Court, Oneida County
Background: The respondent mother appealed from an order that modified a prior custody order by awarding sole custody of the children to the petitioner father.
Ruling: The Appellate Division affirmed. The court held that, while there was no explicit finding of a change in circumstances, a review of the record demonstrates extensive findings that demonstrate a change in circumstances. Moreover, the court found that it was not in error to place some weight on the respondent’s failure to comply with discovery orders.
Paul M. Deep for the respondent; Susan B. Marris, attorney for the children