Matter of Marisol Y. v. Steven Z.

Summary

The New York Appellate Division, Third Department, affirmed dismissal without a hearing of the mother's Family Court violation petition. The court held that the allegation that the father failed to encourage visitation was too vague and conclusory, and that the petition did not allege that he interfered with the mother's access to the child's medical information or otherwise violated the custody stipulation. The court applied the pleading and contempt requirements under the Family Court Act and CPLR.

Holdings

1. The petition's allegation that the father failed to encourage visitation over approximately two years was too vague and conclusory to provide notice of a particular event or violation and therefore did not state a sufficient claim.
2. The allegation that the mother had limited contact with the child, standing alone, did not establish a violation or support a finding of contempt because the stipulation provided that the child's refusal to exercise parenting time alone would not constitute contemptuous conduct by the father.
3. The allegations concerning the apparent change in medical provider and removal from an internal call list did not state a violation or support contempt because the petition did not allege that the father interfered with or impeded the mother's access to medical information or records.

Questions Presented

1. Whether the Family Court properly dismissed the mother's violation petition without a hearing for failure to state a cause of action.
2. Whether the mother's allegations that the father failed to encourage visitation and interfered with her access to the child's medical information sufficiently pleaded a violation of the parties' stipulation or civil contempt.

Disposition

affirmed