New York Appellate Division overturns custody and relocation case

The New York Appellate Division, Second Department, has overturned the lower court’s decision in a contentious custody and relocation case, achieving a significant appellate victory for Barrows Levy PLLC.

Appellate Court Ruling

In its ruling on June 18, 2025, the appellate court determined that the Supreme Court made an error by refusing a parent’s request to modify custody and allow relocation without a prior evidentiary hearing. The court highlighted that when contested facts are present, especially in cases involving children’s best interests, a comprehensive hearing must be held before relief is denied.

Due Process Implications

The court’s reasoning for why the summary denial violated due process was that, despite the contested facts, the case proved to be far more complex than that initial reaction might have suggested and thus deserved further consideration. 

This is also indicative of the broader legal principle requiring hearings in contested family law matters. Family law is a delicate and occasionally explosive corner of the law, and thus, it must be handled with care and consideration. In a case such as this, there is nothing less than the well-being and future of these children on the line, so it is essential that the court do everything in its power to get it right. 

Attorney for the Children

The Appellate Division also ordered that an attorney be appointed for the children upon remittal, emphasizing the established principle that children’s interests require independent representation in complex custody cases.

Barrows Levy PLLC, representing the appellant, argued that the lower court’s summary denial deprived the moving party of due process and precluded meaningful consideration of the children’s best interests. The appellate panel agreed and remanded the matter to the trial court for further proceedings.

Role of Barrows Levy PLLC

Barrows Levy PLLC’s argument for the appeal centered on the team’s belief that there was a distinct lack of due process in the case. This ultimately led to the Appellate court’s agreement with the firm’s position, and the remittal of the case for further proceedings.

The decision adds to Barrows Levy PLLC’s growing appellate record. The firm has now secured over 20 reported decisions across New York courts, reflecting its active and successful appellate practice in high-stakes matrimonial and family law matters.

About Barrows Levy PLLC:

Barrows Levy PLLC is a highly experienced New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you need a Long Island divorce lawyer who has significant experience handling all family matters, including alimony, child custody, child support, property distribution, and complex divorces like high net worth and those where businesses are involved, the team is ready to help. If you require an attorney to handle another legal matter, including those involving real estate, criminal law, estate planning, business law, or otherwise, the firm is here. With convenient locations in Garden City and New York City, the law firm is well-equipped to handle your legal matter with the professionalism and effectiveness you deserve.