Matter of Jessica EE. v. Joshua EE.

Summary

The Appellate Division, Third Department affirmed dismissal of the mother's petition to modify custody. The court held that she failed to satisfy the custody order's condition precedent requiring a good-faith effort to mediate before filing a petition. The court also concluded that the petition did not sufficiently allege a change in circumstances warranting a best-interests inquiry.

Holdings

1. Because the parties' unambiguous custody agreement required a good-faith effort to mediate before filing a new petition, and the mother's email exchanges amounted only to suggestions to use mediation rather than a good-faith effort to mediate a current conflict, dismissal was proper.
2. The petition was properly dismissed because its allegations were largely vague, undated, based on information and belief, or concerned conduct predating the October 2018 consent order; the single specific post-order incident was insufficient, without more, to warrant a best-interests inquiry.
3. The mother's email exchanges did not demonstrate an inability to communicate effectively or agree on matters concerning the children sufficient to establish a change in circumstances or render joint custody unworkable.

Questions Presented

1. Whether the mother's custody-modification petition was properly dismissed for failure to satisfy the order's unambiguous condition precedent requiring a good-faith effort to mediate before filing.
2. Whether the petition sufficiently alleged a change in circumstances warranting an inquiry into the children's best interests.
3. Whether the parties' alleged inability to communicate or cooperate established a change in circumstances making joint custody unworkable.

Disposition

affirmed