In the Matter of Joanna PPv. Ohad PP

Norwich, New York family law lawyers represented father and mother in a custody dispute.

Joanna PP. (hereinafter the mother) and Ohad PP. (hereinafter the father) are the parents of three children (born in 2014, 2016 and 2018). The parties separated in May 2019, at which time the mother and the children vacated the marital residence in Otsego County and moved into the home of the maternal grandparents in Chenango County, less than 10 minutes away. It appears that the mother then filed custody petitions and a family offense petition in Otsego County, alleging various forms of emotional abuse by the father. An ex parte order of protection was issued prohibiting the father from having any contact with the mother and the children, which was modified soon thereafter to provide the father with supervised parenting time. Meanwhile, the mother commenced a matrimonial action in Chenango County, and, in August 2019, the parties executed a stipulation of settlement, which was ultimately incorporated but not merged into their judgment of divorce. This stipulation included detailed and thorough provisions regarding custody of the children and time sharing. In pertinent part, it was agreed that the mother would have "sole legal custody" of the children and the father would have certain joint decision-making power and be entitled to notice regarding any medical, dental, counseling or school meetings/appointments for the children so that he could participate therein. The mother's custody was also subject to the condition that she reasonably accommodate any requests, by the father or the children, for additional parenting time with the father.



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Joanna PP. v. Ohad PP., 2024 NY Slip Op 04497, No. CV-23-0037 (N.Y. App. Div. Sep 19, 2024)

ORDERED that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Chenango County for further proceedings not inconsistent with this Court's decision, with further proceedings to be scheduled within 20 days of this decision, and, pending said proceedings, the terms of Family Court's August 5, 2024 order shall remain in effect on a temporary basis.