NY: An unusual decision in custody case (but only to the "reporter")

An unusual decision in custody case
http://www.newsday.com/news/local/lo...8oct02,0,14763
69.story

BY ROBIN TOPPING
STAFF WRITER

October 2, 2005


Jodi Ann Fischtein wanted her 11-year-old son to move to Canada with her.

But she and her ex-husband had joint custody of the boy, and the father
wanted him to stay in New York.

After a 28-day trial in Central Islip, State Supreme Court Justice John
Bivona made a rather novel decision.

The boy could go with his mother and new stepfather, who had been commuting
to New York from Toronto. But Fischtein had to put up a $60,000 bond
ensuring the father's visitation at least once a month, and pay his travel
and hotel expenses.

"Visitation with a parent is not the privilege of the parent but the right
of the child. Both [the father and the boy] must have this right preserved
by maximizing defendant's opportunity to maintain a positive and nurturing
father-son relationship," Bivona wrote in the recent decision.

However, he added the mother's "past conduct does raise concern as to
whether she will cooperate and abide by the order of this court." Bivona
directed that Fischtein post a $60,000 bond in the escrow account of the
lawyer for her ex-husband, John Andrade, until her son becomes 18.

Fischtein's attorney, Sari Friedman of Garden City, said the judge had later
specified that her client put up $60,000 in cash in the account, which will
be returned to Fischtein when her son is 18.

"This is very unusual," said Friedman. "I think the judge was concerned that
the relocation he was allowing was out of the country and out of U.S.
jurisdiction ... and there could be problems for the father jurisdictionally
if there is a proceeding for enforcement."

Bivona cited as precedent a 1997 opinion in which a Supreme Court judge from
New York City allowed a mother to relocate to Saudi Arabia with her child
but ordered that she post a bond guaranteeing the father's visitation and
adherence to the court's jurisdiction.

Fischtein said she was surprised by Bivona's actions.

"We are grateful for the decision but I was also dumbfounded. I was prepared
to be generous in some way, letting [the child] spend a lot more time with
his dad, but I wasn't prepared for this bond," she said in a phone
interview.

"It's a tremendous financial strain," Fischtein said. "It's like sending
your child to law school."

Andrade's attorney declined to comment.

In requiring the bond, Bivona cited instances in which Fischtein had
interfered with Andrade's access to his son since the couple's divorce last
year.

"Based on past history, plaintiff has dictated terms of visitation according
to her whim," the judge wrote. Despite a separation agreement and both
having joint custody, "plaintiff acts unilaterally."

Fischtein said she didn't need the bond to follow the court's directives. "I
have complied with every court order and never did anything out of turn.
This is like a punishment," she said.
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The reporter's bias against the boys father is plain for all to see. Did
anyone else notice there wasn't a quote or interview with the Father? The
only quote is from the mother (complaining, of course).

--------------------------------------------------------------------
Liberalism: that haunting fear that someone,
somewhere, can help themselves without
Government intervention.

"Dusty" wrote in message
...
An unusual decision in custody case
http://www.newsday.com/news/local/lo...8oct02,0,14763
69.story

BY ROBIN TOPPING
STAFF WRITER

October 2, 2005


Jodi Ann Fischtein wanted her 11-year-old son to move to Canada with her.

But she and her ex-husband had joint custody of the boy, and the father
wanted him to stay in New York.

After a 28-day trial in Central Islip, State Supreme Court Justice John
Bivona made a rather novel decision.

The boy could go with his mother and new stepfather, who had been
commuting
to New York from Toronto. But Fischtein had to put up a $60,000 bond
ensuring the father's visitation at least once a month, and pay his travel
and hotel expenses.

"Visitation with a parent is not the privilege of the parent but the right
of the child. Both [the father and the boy] must have this right preserved
by maximizing defendant's opportunity to maintain a positive and nurturing
father-son relationship," Bivona wrote in the recent decision.

However, he added the mother's "past conduct does raise concern as to
whether she will cooperate and abide by the order of this court." Bivona
directed that Fischtein post a $60,000 bond in the escrow account of the
lawyer for her ex-husband, John Andrade, until her son becomes 18.

Fischtein's attorney, Sari Friedman of Garden City, said the judge had
later
specified that her client put up $60,000 in cash in the account, which
will
be returned to Fischtein when her son is 18.

"This is very unusual," said Friedman. "I think the judge was concerned
that
the relocation he was allowing was out of the country and out of U.S.
jurisdiction ... and there could be problems for the father
jurisdictionally
if there is a proceeding for enforcement."

Bivona cited as precedent a 1997 opinion in which a Supreme Court judge
from
New York City allowed a mother to relocate to Saudi Arabia with her child
but ordered that she post a bond guaranteeing the father's visitation and
adherence to the court's jurisdiction.

Fischtein said she was surprised by Bivona's actions.

"We are grateful for the decision but I was also dumbfounded. I was
prepared
to be generous in some way, letting [the child] spend a lot more time with
his dad, but I wasn't prepared for this bond," she said in a phone
interview.

"It's a tremendous financial strain," Fischtein said. "It's like sending
your child to law school."

Andrade's attorney declined to comment.

In requiring the bond, Bivona cited instances in which Fischtein had
interfered with Andrade's access to his son since the couple's divorce
last
year.

"Based on past history, plaintiff has dictated terms of visitation
according
to her whim," the judge wrote. Despite a separation agreement and both
having joint custody, "plaintiff acts unilaterally."

Fischtein said she didn't need the bond to follow the court's directives.
"I
have complied with every court order and never did anything out of turn.
This is like a punishment," she said.
--------------------------------------------------------------------

The reporter's bias against the boys father is plain for all to see. Did
anyone else notice there wasn't a quote or interview with the Father? The
only quote is from the mother (complaining, of course).

Oh, but mom said she was prepared to be generous in her permitting dad to
have visitation. How nice that she generously permits dad and son to spend
time together!!