Court Cannot Let Therapist Decide Visitation
In a recent New York case, a judge decided that the father should have unsupervised visitation with his child after a transition period to be supervised by a transition therapist. Then, when the therapist decided the time was right, visitation would be unsupervised.
However, the appeals court found that “The court improperly delegated to a mental health professional its authority to determine issues involving the best interests of the child, i.e., when unsupervised visitation should commence.”
The court told the parties that they would have to make another application to the court regarding unsupervised visitation, at which time the court may render a decision on that issue, with the assistance, if necessary, of further reports from the intervention therapist. Linda R. v Ari Z., 71 AD3d 465 (2010)
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