Holland v. Holland, 80 A.D.3d 807 (N.Y. App. Div. 3d Dep't 2011). · Go Syfert
Holland v. Holland, 80 A.D.3d 807 (N.Y. App. Div. 3d Dep't 2011). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 1 distinct court.
Cited for
At page 808 “further, the petitioner must establish that the party's alleged violation was willful”10 citing cases2 citing courts quote it · passage not found verbatim in the opinion (91%)
  • Wesko v. Hollenbeck, 149 A.D.3d 1175 (N.Y. App. Div. 3d Dep't 2017).published 2 cites
    “Further, the petitioner must establish that the [party’s] alleged violation was willful” (Matter of Holland v Holland, 80 AD3d 807, 808 [2011] [citations omitted]).
  • Matter of Khan v. Khan, 140 A.D.3d 1252 (N.Y. App. Div. 3d Dep't 2016).published
    The father appeals from both the August 2014 order and the September 2014 order. 1 To establish that a party is in civil contempt for willfully violating a court order, a “petitioner must show by clear and convincing evidence that (1) Fami…
  • Matter of Hardcastle v. Whiteford, 123 A.D.3d 1246 (N.Y. App. Div. 3d Dep't 2014).published
    In light of the mother’s admissions, clear and convincing evidence exists to support the court’s finding that she willfully violated the prior order (see Matter of Yeager v Yeager, 110 AD3d 1207, 1210 [2013]; Matter of Holland v Holland, 8…
  • Yeager v. Yeager, 110 A.D.3d 1207 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    Notwithstanding the mother’s excuses and explanations, based upon the trial testimony and giving deference to Family Court’s determination that the mother was not credible (see Matter of Holland v Holland, 80 AD3d 807, 808 [2011]), we are…
  • Guild v. Clifford, 109 A.D.3d 1053 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    Turning to the merits, the record provides the clear and convincing proof necessary to support the finding of willful violation (see Matter of Holland v Holland, 80 AD 3d 807, 808 [2011]; Matter of Duane H. v Tina J., 66 AD3d 1148, 1149 [2…
  • Constantine v. Hopkins, 101 A.D.3d 1190 (N.Y. App. Div. 2012).published 2 cites
    In order to prevail on her violation petition, the mother was required to show that the father’s actions or failure to act “defeated, impaired, impeded or prejudiced” a right of the mother (Matter of Aurelia v Aurelia, 56 AD3d 963 , 964 [2…
  • Yishak v. Ashera, 90 A.D.3d 1184 (N.Y. App. Div. 3d Dep't 2011).published
    Significantly, [the mother] must show that an alleged violation was willful” (Matter of Omahen v Omahen, 64 AD3d 975, 977 [2009] [internal quotation marks and citations omitted]; see Matter of Lagano v Soule, 86 AD3d 665, 666 [2011]; Matte…
  • Lagano v. Soule, 86 A.D.3d 665 (N.Y. App. Div. 3d Dep't 2011).published
    Matter of Seacord v Seacord, 81 AD3d 1101, 1103 [2011]; Matter of Holland v Holland, 80 AD3d 807, 808 [2011] ) and, as such, Family Court erred in granting the motion to dismiss to that extent.
  • Keefe v. Adam, 85 A.D.3d 1225 (N.Y. App. Div. 3d Dep't 2011).published
    Finally, the mother’s willful violation of the 2007 custody order was established by clear and convincing evidence that she interfered with the father’s visitation rights by repeatedly arriving late to the drop-off location, and we find no…
  • Munson v. Fanning, 84 A.D.3d 1483 (N.Y. App. Div. 3d Dep't 2011).published
    The mother argues that since the father admitted to smoking in his car while the child was present and in the bedroom of his house while she was in his home, Family Court erred by not holding him in contempt for willfully violating its ord…
Retrieving the full opinion text from the archive…
In the Matter of Matthew J. Holland
v.
Amy K. Holland
Appellate Division of the Supreme Court of the State of New York.
Jan 6, 2011.
Published opinion
80 A.D.3d 807
Egan.
Cited by 14 opinions  |  Published
Egan Jr., J.

Appeal from an order of the Family Court of Broome County (Fines, J.), entered August 6, 2009, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to hold respondent in willful violation of a prior order.

Fetitioner (hereinafter the father) and respondent (hereinafter the mother) are married with two children (born in 2005 and 2007). In September 2008, Family Court issued a custody order granting the mother sole custody of the children and the father visitation two days out of the week. On the day in question, the father went to the mother’s residence in order to pick up the children for a scheduled visitation, but found that the mother had moved with the children without informing him of her new address. The father subsequently filed a petition[*808] requesting that Family Court find the mother in willful violation of the custody order. Family Court found that the mother had willfully violated the custody order and imposed a suspended 30-day jail sentence. Contending that Family Court erred by holding her in contempt since the order did not specify where the children were to be picked up, nor did it require her to provide the father with her address, the mother appeals.

In order for there to be a finding of contempt for violating a court order, the petitioner must show by clear and convincing evidence that (1) Family Court issued a valid, clear and explicit order, (2) the party alleged to have violated the order actually knew the conditions of that order, and (3) the alleged violation prejudiced some right of the petitioner (see Matter of Joseph YY. v Terri YY., 75 AD3d 863, 867 [2010]; Matter of Omahen v Omahen, 64 AD3d 975, 977 [2009]; Matter of Aurelia v Aurelia, 56 AD3d 963, 964 [2008]). Further, the petitioner must establish that the respondent’s alleged violation was willful (see Matter of Omahen v Omahen, 64 AD3d at 977; Matter of Blaize F., 48 AD3d 1007, 1008 [2008]), which ultimately depends on the credibility of the testimony presented (see Matter of Cobane v Cobane, 57 AD3d 1320, 1323 [2008], lv denied 12 NY3d 706 [2009] ).

Here, the record reflects that Family Court issued a custody order on September 26, 2008 granting the father visitation with the parties’ children on Mondays and Thursdays from after work until 9:30 p.m. Pursuant to that order, if the father did not have to work on one of those days, then “pick up time shall be as early as 7:00 a.m. as the parties may agree.” The mother conceded that she was aware of the order and that, due to his work schedule, the father had visitation scheduled with their children on the morning of the date at issue. She admitted to moving out of the residence with the children prior to that date without informing the father, and conceded that she had no intention of providing him with her new address, although she testified that she attempted to reach the father by telephone to arrange a neutral pickup point. Based on this testimony and giving deference to Family Court’s determination that the mother’s testimony was not credible, Family Court did not err by holding the mother in contempt after finding that she had willfully violated the September 2008 custody order (see Judiciary Law § 753 [A] [3]; Family Ct Act § 156; Matter of Jones v Jones, 75 AD3d 786, 788 [2010], lv dismissed 15 NY3d 866 [2010] ; Matter of Omahen v Omahen, 64 AD3d at 977; Matter of Cobane v Cobane, 57 AD3d at 1323; Matter of Aurelia v Aurelia, 56 AD3d at 966; Matter of Blaize F., 48 AD3d at 1008-1009).

[*809] Peters, J.P., Rose, Lahtinen and Kavanagh, JJ., concur. Ordered that the order is affirmed, without costs.