Custody Proceedings - Evidence - Investigations
Where an investigation is undertaken by the court's staff or there is a referral to an outside professional, and a report or recommendation is made to the court, there are due process limitations on the court's use of such data. The authors of such reports and recommendations must be made available for cross-examination in court.[1]
[1] In Birnham v. Birnham, 112 A.D.2d 967, 492 N.Y.S.2d 777 (2d Dep't 1985) where the trial court ordered, received and made use of forensic reports after the conclusion of the custody hearing, it was an abuse of discretion to deny a party's motion to re-open the hearing in order to examine the authors of the report.
Falkides v. Falkides, 40 A.D.2d 1074, 339 N.Y.S.2d 235 (4th Dep't 1972), held that where the Family Court received and relied upon its clinic's psychiatric reports, there must be an opportunity to explain or rebut such reports in order for them to be considered.
Where an investigation is undertaken by the court's staff or there is a referral to an outside professional, and a report or recommendation is made to the court, there are due process limitations on the court's use of such data. The authors of such reports and recommendations must be made available for cross-examination in court.[1]
[1] In Birnham v. Birnham, 112 A.D.2d 967, 492 N.Y.S.2d 777 (2d Dep't 1985) where the trial court ordered, received and made use of forensic reports after the conclusion of the custody hearing, it was an abuse of discretion to deny a party's motion to re-open the hearing in order to examine the authors of the report.
Falkides v. Falkides, 40 A.D.2d 1074, 339 N.Y.S.2d 235 (4th Dep't 1972), held that where the Family Court received and relied upon its clinic's psychiatric reports, there must be an opportunity to explain or rebut such reports in order for them to be considered.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:[email protected]. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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