Preview:

[*1]


Decided on April 13, 2005
Family Court, Suffolk County

V-17998-04
Ettore Simeone, J.
PROCEDURAL HISTORY
Petitioner, Lisa Ann B. was granted custody of the parties two children, Kenan G., and Kerim G., in accordance with a Supreme Court Judgment of divorce dated July 9, 2003. Respondent, Salim G., was granted liberal visitation rights therein, with a schedule of specific visitation set forth. On October 7, 2004, petitioner, filed a petition for a Writ of Habeas Corpus seeking the return of the parties two children after respondent refused to return them to petitioner's custody following visitation. On October 8, 2004, respondent filed a petition for modification of the order of custody, alleging various incidents including the physical abuse of the children by petitioner's "live-in boyfriend", as well as petitioner's intention to relocate.
On October 12, 2004, the parties appeared in Court on the Writ of Habeas Corpus and the Court ordered that the children be returned to petitioner. The Court also issued a temporary order of protection directing petitioner to refrain from harmful acts against the children and prohibited petitioner from allowing her boyfriend "Beat M.", from having any contact with the children.
On October 25, 2004, petitioner filed an application seeking the Court's permission to relocate with the children to Arizona. Petitioner alleges in her petition that the children are "extremely upset" after their visits with respondent; respondent threatens to take the children to Turkey to live; respondent has made false allegations against petitioner and her boyfriend which were deemed unfounded; respondent was convicted of third degree assault against petitioner and her daughter; respondent has been extremely physically abusive to petitioner; respondent is attempting to alienate the children from petitioner; economic hardship necessitates relocation and would provide a more stable environment for the children. [*2]
Thereafter, on November 1, 2004, Jane Bernstein, law guardian appointed for the two subject children, filed an petition requesting an Order requiring that respondent's visitation be supervised. The law guardian alleged in her petition that CPS concluded that reports of physical abuse against the children by "Beat M." were "unfounded"; that "the father's continued attempts to unduly influence the boys to lie are endangering the children's emotional well being and growth"; and that "on October 26, 2004, that father told the boys he was going to take them to Turkey and put them in school there whether they liked it or not."
On December 2, 2004, the Court vacated the order of protection issued against petitioner.

FACT FINDING
The Court commenced a fact-finding hearing on the aforementioned petitions on November 4, 2004. Maria Migliore, a social worker, testified that she met with Kenan and Kerim, the subject children, individually the week before and that Kenan told her he previously lied to a C.P.S. worker about his mother's boyfriend (Beat M., hereinafter referred to as "Mr. M.") hitting him. Ms. Migliore stated that Kenan said that his father pressured him to lie because he told him he would take him to Turkey and that he would not see his mother again. Ms. Migliore also stated that Kenan told her that he loves his father.
Ms. Migliore testified that the younger child, Kerim, told her that he accidentally hurt his lip when holding onto Mr. M.'s leg, but that his father told him to say that he was hit. The witness reported that Kerim told her that he felt badly about this, but that he was pressured by his father and afraid that his father would go to Turkey and that he would never see him again. Kerim indicated to the witness that he missed Mr. M. and wished he would come back home. Ms. Migliore stated that both children indicated that they wanted to move to Arizona and while they would want to visit their father in Turkey, they did not wish to live there.
Rosemarie Carlson, of Child Protective Services testified that she interviewed both children individually and that the allegations against Mr. M. and his physical abuse of the children were determined to be "unfounded".
Dr. N., PhD, psychology, testified that he began seeing Kenan in May of 2002, due to the child experiencing difficulty in school, lying about homework, and becoming physically aggressive. Dr.
N. indicated that teachers have expressed concern about Kenan's ability to concentrate, but that up until a month ago Kenan was making "progress". Kenan has been taking "Concerta" since November of 2002, but does not take it during the summer.
Dr. N. also testified that Kenan told him that he witnessed his father hit his mother and while the child said that he wasn't afraid that his father would hurt him, he was afraid that his father would hurt his mother. Dr. N. stated that Kenan has referred to his mother as a "stupid American", "hooker" and "low life" when angry with her and that he got these terms from his father.
Additionally, Dr. N. indicated that he met with Kenan in October of 2004 on the date of the alleged abuse by Mr. M., but that Kenan never mentioned it. Dr. N. stated that he learned of the alleged incident later when Kenan's mother called to let him know what had happened. Dr. N. testified that Kenan subsequently told him that he lied to police about the alleged abuse by Mr. M. and that he was very upset that Mr. M. was removed from the house. [*3]
Dr. N. stated that Kenan repeatedly expressed being "afraid" or "worried" that his father was going to take him to Turkey away from his mother if he didn't do certain things. Dr. N. reported that the last time he saw Kenan on November 2, 2004, he was particularly anxious because his father told him that he was going to take him to Turkey and put him in school there. Dr. N. stated that Kenan would appear more agitated at the beginning of the school year or if "things happened" on visitation.
Dr. N. stated that Kenan's mother or Mr. M. brings him to therapy and characterized the boys relationship with Mr. M. as "positive". Dr. N. explained that he has never contacted the boys' father because he felt that the father might try to undermine the therapy.
Neil K, the social worker from the Longwood School District testified that Kenan is currently in the middle school but that he met him approximately four years ago when he was in elementary school. He saw Kenan approximately two times a month and last saw him in May or June of 2004 and even though their meetings were not mandated, Mr. K stated that Kenan would "seek him out". He described his relationship with Kenan as a "positive" one, characterizing Kenan as "polite", "engaging" and "verbal". Mr. K stated that Kenan has become more withdrawn, belligerant and oppositional over the past year and a half.
Further, Mr. K reported that Kenan expressed "anxiety" over the difficulties between his parents and that while Kenan never said that he witnessed any domestic violence, he did indicate that he heard his father "threaten" his mother. Kenan has made negative comments about his mother, referring to her as "a silly woman" and that "all she does is cry." Kenan has shown more resistance to talking about his father and has expressed fear that his father would be angry, go to Turkey and never see him again.
Mr. K indicated that he spoke to petitioner about once a month, but has never contacted or been contacted by respondent. Petitioner also admitted that she never informed respondent that Kenan was seeing Mr. K or Dr. N., because she claims that respondent doesn't believe in therapists and that he has told her son "therapists make you hurt your father". Mr. K testified that he wrote a letter at the request of petitioner which states:
"I worked extensively with Kenan as a non mandated counseling student. Kenan presented as a mildly distractable boy who was experiencing conflict with regard to his parents separation. He would describe being anxious and worried over his dad's verbal and emotional reactions during visitations. Kenan indicated repeatedly and consistently that his dad had questioned and pressured him about his mother. At times, Kenan would say that his father threatened to go back to Turkey and that Kenan would never see his dad again. These threats were the result of Kenan's unwillingness to talk about his mother with his father. Kenan has shared with me that his father routinely would say harsh and inappropriate comments about his mother. Kenan appeared fearful of his father's reactions. Kenan described his father's behavior towards his mom as scary.... I have met with and worked with Kenan's mother, Lisa B. and her fianc

Download 2005_50561.pdf

New York Law