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Even upon signing a bill requiring courts to review of "orders of protection, warrants of arrest and sex offender registries" before granting child custody and visitation rights, Governor Paterson announced the new law would be scaled back.
According to the New York Law Journal, Paterson said the bill's sponsors had already agreed to submit an amendment limiting the background screening to warrants issued by Family Courts. The Governor argued that a more inclusive review procedure would be too difficult for the state to handle.
For example, "Chief Administrative Judge Ann Pfau said her office was able to demonstrate to legislators that the warrant information maintained by the Division of Criminal Justice Services is not yet usable by the courts," says the Journal.
A similar bill had been vetoed by Governor Spitzer last year because the multiple sources it required to be checked -- including the Statewide Central Register of Child Abuse and Maltreatment, and the Sex Offender Registry -- would slow custody and visitation approvals considerably because the state's computer system was inadequate to complete these reviews in a timely manner, if at all.
"Delaying a custody or visitation decision while these records are examined may not be in the best interests of the child," the Governor said.
Runnin' Scared: Comment on New Abuse Screening Law Scaled Back; Gov Says NY Co
My Two Cents..
From my personal experience and a collective experience of many parents I've worked with.
It wouldn't matter if the courts were to review Orders of Protection or not..
In my personal case I obtained custody in New Jersey via an Order of Protection..
My abuser crossed back into New York following me to continue his abuse --
He succeeded by an apparent conspired effort including ACS, the family and Supreme Courts in Richmond County.
The estranged husband's bosses wife is a Supreme Court Judge.. interestingly enough his girlfriend shares the same Panepinto name as the Judge and his boss..
If that isn't enough ... New York should have NEVER accepted jurisdiction because of a VALID Order of Protection from another state and the fathers egregious unjustifiable conduct in obtaining jurisdiction in New York.
Needless to say .. the Order of Protection was ignored... he's had custody since 2001 and I've been taken out of the lives of my children...
The courts refused to honor my valid O.P. or to allow me ANY contact with them.. for more on this insanity INCLUDING DOCUMENTATION..
Check out the article 78 I've filed against the apparent latest player in this kidnapping...Judge Silber on the right hand side of this blog.
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1 comment:
I agree with you Louise; the family courts only use the information provided to them to justify their already made up mind of who should get custody.
However, I strongly agree with the Courts required to do these checks. This would be an ex parte investigation in violation of the rules. Judges are only supposed to see that information which is brought in front of them by the parties.
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