The Family Court is an specialized court that oversees cases involving children and their parents, with judges having broad discretion and significant responsibilities in regards to them. If someone violates an order of protection issued by this court, they could be arrested and charged with criminal contempt – either misdemeanor or felony depending on its severity.
What is the Family Court Act?
The Family Court Act is the statute that establishes and regulates New York’s family courts, including hearing cases pertaining to children, custody/visitation/support/paternity as well as family offense proceedings (orders of protection between those with familial ties), as well as ACS abuse/neglect proceedings.
An allegation of Family Offense in accordance with Section 812 can result in court orders compelling individuals who violated your family to stay away from you, your home, job or school.
Family Courts are designed to be more user friendly than Supreme Court, making it easier for parties to represent themselves. There are standard forms and the judge is assigned automatically when filing, unlike in Supreme Court where additional paperwork needs to be filed to have the trial calendar scheduled. Non final orders issued by a Family Court judge may be appealed after receiving permission from an Appellate Division judge to file such an appeal pursuant to CPLR 5702 and FCA 1112. Support orders, however, do not fall within these parameters and therefore do not fall within their purview as of right.
What types of cases are heard in the Family Court?
The Family Court is an exclusive branch of the court system dedicated to hearing cases regarding families and children. Judges who serve in this capacity have undergone special training in order to effectively handle the complex legal and social issues in these cases.
Judges in Family Court hear cases regarding divorce, child custody and visitation rights, paternity, spousal support, adoption and termination of parental rights. As experts on all things related to families they strive to create healthy solutions for all parties involved.
Family courts often attempt to resolve issues without recourse to litigation through mediation and collaborative law techniques, which tend to be quicker and less stressful than trials.
Unhappy with the outcome of their case may want to appeal it. A higher court will review it to make sure it was made fairly and in line with legal precedent before reviewing evidence and rendering a new verdict.
What are the responsibilities of the Family Court Judges?
Judges in Family Court are charged with hearing all cases filed within its purview and making decisions based on what is best for each child involved, such as custody arrangements, visitation rights or foster care placement.
Appeal decisions are heard by judges of the Appellate Division, Supreme Court of New York. Family Court Judges are elected for six-year terms, with any mid-term vacancies due to resignation or death being filled as would a typical end of term vacancy.
Before being appointed a judge, Judge Clarke worked as a social worker at various agencies including Visiting Nurse Service of New York and Community Family Planning Council as well as North Shore Child & Family Guidance Center. She graduated from Stony Brook University SUNY before receiving her law degree from Hofstra University Law School – she has also held positions as Family Court Attorney Referee and an Associate Family Court Judge.
What are the responsibilities of the parties?
Based on the circumstances, either party may file a petition seeking orders they believe necessary. Once this petition has been accepted by a judge, an initial hearing will be set and held to address temporary arrangements such as child support and custody arrangements before reviewing all evidence and testimony and making a final determination.
At this stage, parties will exchange information such as financial records and affidavits – this process is called discovery – while both sides can question each other and witnesses involved in their cases.
If a judge is hearing a custody dispute, they will meet with both parents and any children involved to discuss what their wishes are and consider each parent’s ability to care for the child and form a plan that suits everyone involved. Family courts may offer resources like family law centers that employ specialists who assist families reach mutual agreements outside of court.