Stern v. Stern, 225 A.D.2d 540 (N.Y. App. Div. 2d Dep't 1996). · Go Syfert
Stern v. Stern, 225 A.D.2d 540 (N.Y. App. Div. 2d Dep't 1996). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 5 distinct courts.
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At page 541 Determining necessity of forensic evaluations in custody disputes9 citing caseschildren. The husband, pursuant to CPLR 3121, requested that the wife and children submit to psychiatric examinations. In the alternative, the husband…opening of page *541 (no citing court says what it cites this page for) · 7 listed here
  • Shanika M. v. Stephanie G., 108 A.D.3d 717 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    Although forensic evaluations are not always necessary, such evaluations may be appropriate where there exist sharp factual disputes that affect the final determination (see Matter of Rovenia G.M. v Lesley P.A., 44 AD3d 942, 943-944 [2007]…
  • Van Dunk v. Bonilla, 100 A.D.3d 1008 (N.Y. App. Div. 2d Dep't 2012).published 2 cites
    In “ ‘custody disputes, the value of forensic evaluations of the parents and children has long been recognized’ (Ekstra v Ekstra, 49 AD3d 594, 595 [2008]; see Matter of Womack v Jackson, 30 AD3d 433, 434 [2006]; Stern v Stern, 225 AD2d 540…
  • Volpe v. Volpe, 61 A.D.3d 691 (N.Y. App. Div. 2d Dep't 2009).published
    In “custody disputes, the value of forensic evaluations of the parents and children has long been recognized” (Ekstra v Ekstra, 49 AD3d 594, 595 [2008]; see Matter of Womack v Jackson, 30 AD3d 433, 434 [2006]; Stern v Stern, 225 AD2d 540,…
  • Ekstra v. Ekstra, 49 A.D.3d 594 (N.Y. App. Div. 2d Dep't 2008).published
    In custody disputes, the value of forensic evaluations of the parents and children has long been recognized (see Matter of Womack v Jackson, 30 AD3d 433, 434 [2006]; Stern v Stern, 225 AD2d 540, 541 [1996]).
  • Womack v. Jackson, 30 A.D.3d 433 (N.Y. App. Div. 2d Dep't 2006).published
    The value of forensic evaluations of both the children and the parents in custody and visitation disputes has “long been recognized by the courts of this [s]tate” (Stern v Stern, 225 AD2d 540, 541 [1996]).
  • Klutchko v. Baron, 1 A.D.2d 400 (N.Y. App. Div. 2d Dep't 2003).published
    In aid of such a hearing, as the Supreme Court recognized in appointing Dr. Herman, a forensic evaluation of the parties and their child is necessary (see Stern v Stern, 225 AD2d 540, 541 [1996]).
  • Ochs v. Ochs, 193 Misc. 2d 502 (N.Y. Sup. Ct. 2002).published
    The appointment of a neutral expert is now a well-established part of custody litigation (see, Stern v Stern, 225 AD2d 540, 541 [2d Dept 1996]; Garvin v Garvin, 162 AD2d 497 [2d Dept 1990]).
Other citing cases1 with no pin cite or quoted language on record
  • S.C. v. H.B., 2005 NY Slip Op 51484(U) (N.Y. Fam. Ct., Rockland Cty. 2005).unpublished 2 cites
Retrieving the full opinion text from the archive…
Karen Stern
v.
Robert Stern
Appellate Division of the Supreme Court of the State of New York.
Mar 4, 1996.
Published opinion
225 A.D.2d 540
1996 N.Y. App. Div. LEXIS 1893
Cited by 21 opinions  |  Published

In this action, both parties seek custody of their two infant[*541] children. The husband, pursuant to CPLR 3121, requested that the wife and children submit to psychiatric examinations. In the alternative, the husband requested that forensic evaluations be performed on both parties and the children. In response, the wife moved for a protective order, which the Supreme Court granted. Upon reargument, the court adhered to its original determination. We now reverse.

CPLR 3121 provides that when the mental or physical condition of a party is in controversy, any other party may serve notice and direct that the former submit to a physical or mental examination by a designated physician. It is a generally accepted principle that parties to a contested custody proceeding place their physical and mental conditions in issue (see, Rosenblitt v Rosenblitt, 107 AD2d 292, 293-294). Furthermore, the value of psychiatric evaluations of both the children and the parents in a matrimonial custody dispute has long been recognized by the courts of this State (see, Rosenblitt v Rosenblitt, supra, at 297). Although forensic evaluations may not be necessary in all custody cases (see, Matter of Vernon Mc. v Brenda N., 196 AD2d 823, 825; Guevara v Guevara, 132 AD2d 596), under the circumstances of this case, the examinations are necessary. Given the husband’s allegations and documentary evidence concerning the wife’s mental and physical health, and the fact that no forensic examinations of the parties and the children have been conducted, this matter is remitted to the Supreme Court to determine when and how these examinations should be conducted, and which party should bear the costs of such examinations. Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.