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Father’s Application to Compel Visitation Denied

Man and child sitting in a hammock

In a case before Justice Sharon Gianelli sitting in Supreme Court in Nassau County, Justice Gianelli found the issue of custody had been settled prior to trial. The mother would have physical custody of the child. The father would have parenting time with the child. However the child refused to spend parenting time with the father. Justice Gianelli found the child refused visitation with his father. This was in spite of the fact the parties had participated in therapeutic visitation through Hofstra University for over a year.

Counseling Not Working

Judge Gianelli’s ruled the program at Hofstra University which involved efforts to motivate the child through counseling to resume parenting time with the father was counterproductive and no longer in the child’s best interests. Justice Gianelli found there was a history of both physical and verbal abuse. However, the father refused to acknowledge his abusive behavior. As a result of the father’s abuse of the child, the child was resistant to spending time with his father.

The Child’s Mother Made Efforts to Facilitate Visitation

Attorney Elliot Schlissel

Justice Gianelli also found the mother made affirmative and sincere efforts to facilitate the relationship between the father and child. In addition, she found the father failed to show by words or actions he would pursue a healthy course of conduct which would serve the child’s best interests. She therefore ruled the evidence failed to establish the child’s refusal to have parenting time with the father was a result of the mother alienating the child against the father. She therefore denied father’s application to compel visitation between the child and him based on the fact that it was not in the child’s best interest.