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After a long bitter divorce, my wife and I entered into a stipulation in Supreme Court, which was signed by both of us and the
Anonymous7 views5 answers
judge .Now, she is violating several aspects of the stipulation, namely matters involving visitation. Can recourse, at this point, be sought from the Supreme Court, or must the violations be addressed in Family Court?
It depends whether the judge has signed the judgment of divorce yet. If not, then your only recourse is Supreme Court. Also, until you have a judgment, your ability to enforce visitation is limited. Speak with an attorney to determine the best and most cost effective option.
That depends both upon the type of violation and upon the Judgment of Divorce - as well as upon the rules of your county's Supreme Court Matrimonial Part. In some counties judges who hear divorce cases retain them for six months after judgment, so that any issue that arise come back to them.
Some judgments of divorce give concurrent jurisdiction to Family Court. Some don't.
In New York, most judgments of divorce provide for concurrent jurisdiction with the family court for issues of custody, access, and support. If that is the case, you can then seek enforcement and contempt in the Family Court. If the violations includes the failure to abide by the equitable distribution provision in the judgment, you would then be required to return to Supreme Court as Family Court cannot hear issues of equitable distribution.
First, you document what's going on by giving proper notice to your former wife. That may include certified mail, etc. you give her a chance to cure her default. If you show up to pick up your child and she isn't there or isn't cooperating, make a police report every time. Then it is a question of timing. Do we wait for more than one violation or act immediately. Depends on the situation. Your filing may be either in the supreme or family court usually. Family court is probably an easier venue to pursue it. They see these filings all the time. Talk to a lawyer and decide what's best under the circumstances.
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
If your stipulation was signed by the judge, then it is also an Order, and the best place to seek enforcement may be before the judge who signed it. That said, you should talk this over with an attorney before you do anything as there may be other options, and if so, the pros and cons of your available choices should be considered.
