Matter of Samake v. Sy; Matter of Sy v. Samake
Attorneys and Parties
Brief Summary
Family law—temporary parental access and exchange location in custody proceedings under Family Court Act article 6 [custody and parental access], where there are allegations of domestic violence and safety concerns.
The Family Court granted the father's oral application to modify prior temporary parental access orders so that child exchanges would occur at the children’s daycare facility.
The modification directing exchanges at the daycare facility.
Given the parties’ history of animosity and allegations of domestic violence, the best interests of the children and corresponding safety concerns warranted continued exchanges at a police station rather than at the daycare facility.
Background
The parties have two children and filed cross-petitions for custody. On November 28, 2023, the mother filed a family offense petition; the Family Court issued a temporary order of protection against the father and an address confidentiality order under Family Court Act § 154-b [address confidentiality order with respect to the mother's address]. Subsequent temporary parental access orders (notably on May 6, 2024, and September 4, 2024) directed that exchanges occur at a police station, specifically the NYPD Bronx Detective Bureau station house at 1086 Simpson Street. In December 2024, the father orally sought to modify those orders to move exchanges to the children’s daycare; the mother objected.
Lower Court Decision
By order dated December 16, 2024, the Family Court granted the father’s oral application in part and directed that exchanges for the father’s parental access take place at the children’s daycare facility.
Appellate Division Reversal
Leave to appeal was granted. The Appellate Division reversed, on the facts and in the exercise of discretion, with costs payable to the mother by the father. The court denied the father’s oral application to modify the prior temporary orders and reinstated the exchange location at the NYPD Bronx Detective Bureau station house at 1086 Simpson Street, as provided in the September 4, 2024 temporary order, to remain in effect until an order of disposition issues in the underlying Family Court proceedings.
Legal Significance
In temporary custody and parental access matters, especially where domestic violence is alleged, courts must prioritize the children’s best interests and safety when setting exchange logistics. Allegations of domestic violence and demonstrated animosity can justify requiring exchanges at secure, neutral locations such as police stations rather than at childcare facilities.
Where safety concerns exist due to animosity and domestic violence allegations, the best interests of the children favor maintaining secure police-station exchanges over daycare exchanges pending final disposition.