How Important Is The Attorney For The Child in a Relocation Case?

Posted By The Law Office of Kelley M. Enderley, PC || 24-Aug-2015

After a recent Appellate Division 2nd Department ruling it was found that the Attorney for the Child’s position in a case can mean a great deal more than what it used to regarding a child’s relocation to another state with a parent. In the recent ruling the Attorney for the Child disclosed approximately a year after a hearing was held in Family Court for relocation that the child’s position had changed as well as new information not previously disclosed to the Family Court. As such the Appellate Court could not ignore the possible change in the child’s best interests over the period of time that the appeal was sought. Therefore the record entered before the Appellate Division was found to not be adequate and the case was remanded back to Family Court for a new hearing that was to include a Lincoln Hearing or in camera interview with the child for a determination of whether the Mother should be permitted to relocate with the child to another state.

Matter of Tavares v Barrington, 2015 NY Slip Op 06596