Appellate Court Says Family Court Can Overrule Criminal Court in Matters Pertaining to Welfare of Children - JD Journal | JD Journal:
On Wednesday, in a unanimous decision, the Appellate Division, Second Department ruled that a family court may override a criminal order of protection if that order includes a clause making the order subject to future amendment.
Following the order of the family court, both the mother and the children appealed separately. While the appeal was pending, the mother moved the criminal court successfully to have the order barring her from contact with her son removed. Following deletion of the bar by the criminal court, the family court granted custody of the children to their mother.