Custody & Visitation

Cindy

Our client, Cindy, had been placed with her aunt after her mother became the subject of a neglect and abuse case. A few years later, Cindy’s mother died, and it was assumed that Cindy would stay with her aunt. At that time, no one looked for Cindy’s father to see if he was a resource. At her aunt’s house, Cindy was tased, bitten by the family pit bull and choked by her cousins. Her aunt would order her to do 1,000 push-ups and 1,000 sit-ups. 

Cindy’s father tried to get custody of Cindy for three years, but no one could get in contact with the aunt. When our attorney was finally able to meet with Cindy and Cindy disclosed the abuse, we immediately filed for an Order to Show Cause to place her with her dad. Later, we got a final order of custody for Cindy’s father. Cindy screamed with excitement upon hearing the news. 

Cindy’s father had this to say about CLC’s client-directed work: 

“The attorneys [at CLC] are for the kids, whether it’s you that’s doing bad or it’s not you… They fight for the kids. They hear your kid’s voice.”

Sarah

We were assigned to represent 16-year-old Sarah in Family Court while she was living with her parents. Sarah came to court—on her own—seeking an Order of Protection against her father for abusing her and her mother. Her mother is physically disabled and wheelchair bound. When Sarah’s father attacked her, ACS removed Sarah from his care and placed her with her maternal grandmother. Unfortunately, that meant being separated from her mother.

Our attorneys litigated in Family Court to ensure that Sarah could visit with her mother, which was against her father’s wishes. In response to us obtaining orders in Family Court to allow Sarah to visit with her mother, the father filed an Order to Show Cause in the Bronx County Supreme Court, seeking to stay the Family Court visitation order and suspend all visits. The Supreme Court signed the order, effectively eliminating all visitation between Sarah and her mother. Partnering with Disability Rights New York, who represented the maternal grandmother, we challenged the Supreme Court order. 

Ultimately, the Bronx Family Court determined that the father neglected Sarah and ordered visits with the mother. 

Sasha

One of our attorneys began representing 8 year-old Sasha after his mother suffered a sudden and tragic death. At that time, an appeal was pending in the Second Circuit, and Sasha’s aunt filed a petition in the Family Court, seeking an emergency order of custody. 

CLC advocated for his desperate wish to remain with his aunt and expressed his strenuous opposition to return to Italy. He did not want to live in a country that he did not know to live with his father, who admitted to committing horrific acts of domestic violence against his mother. If he had been returned to Italy, Sasha would likely have been placed in the foster care system. While we represented our client in Family Court and worked closely with the pro bono federal counsel representing Sasha’s aunt, the case was appealed to the Second Circuit.  

The case set national precedent. In an important victory for children’s safety, the US Supreme Court overturned the Second Circuit’s decision to remand the case to the District Court, holding that the Second Circuit had lost track of the fact that the Hague Convention “sets as a primary goal the safety of the child” and that the District Court “must prioritize the child’s physical and psychological safety.” Saada v. Golan, 596 U.S. 666 (2022) 

Ultimately, both the U.S. District Court for the Eastern District of New York and the Family Court acknowledged that to tear Sasha from his mother’s family would grievously impact his well-being and “expose him to a grave risk of psychological harm.” See Saada v. Golan. 2024 WL 262951 (E.D.N.Y. 1/24/2024). 

We are grateful that the Courts recognized what truly served Sasha’s best interests, thanks in large part to the advocacy of his AFC. 

Without counsel, Sashsa and others like him in both federal and state proceedings would not have a voice in the determinations that are most central to their safety, happiness and well-being. 

This is what Sasha’s aunt had to say at the end of the case: 

“I can rest a little easier at night knowing that you’re out there fighting for all the frightened children who need a hero. We will forever be grateful for the miracle you were a part of—our own real-life Justice League.”