Joosten v. Joosten, 282 A.D.2d 748 (N.Y. App. Div. 2001). · Go Syfert
Joosten v. Joosten, 282 A.D.2d 748 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of H.S. v. P.S. (nyfamctkings, 2026-02-13)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of H.S. v. P.S. (2×)
N.Y. Fam. Ct., Kings Cty. · 2026 · confidence medium
H.S.'s disdain for P.S. was so consistent and pervasive that this Court can only reasonably conclude that it has had and would have a strong impact — both direct and indirect — on Y's time with his mother. "'Willful interference with a noncustodial parent's right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent'" Matter of Williams v Norfleet , 140 AD3d 1078, 1079 [2d Dept 2016], quoting Matter of Ruiz v. Sciallo, 127 AD3d 1205 , 1206 [2d Dept 2015], quoting Matt…
discussed Cited as authority (rule) Matter of H.S. v. P.S. (2×)
N.Y. Fam. Ct., Kings Cty. · 2026 · confidence medium
H.S.'s disdain for P.S. was so consistent and pervasive that this Court can only reasonably conclude that it has had and would have a strong impact — both direct and indirect — on Y's time with his mother. "'Willful interference with a noncustodial parent's right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent'" Matter of Williams v Norfleet , 140 AD3d 1078, 1079 [2d Dept 2016], quoting Matter of Ruiz v. Sciallo, 127 AD3d 1205 , 1206 [2d Dept 2015], quoting Matt…
discussed Cited as authority (rule) Matter of Goodman v. Jones
N.Y. App. Div. · 2017 · confidence medium
Willful interference with the other parent’s right to visitation, such as when a parent absconds with the child, is “an act so inconsistent with the best interests of the [child] as to, per se, raise a strong probability that the [offending party] is unfit to act as custodial parent” (Entwistle v Entwistle, 61 AD2d 380, 384-385 [1978]; see Matter of Pettiford v Clarke, 133 AD3d 666, 667 [2015]; Matter of Joosten v Joosten, 282 AD2d 748, 748 [2001]; Matter of Glenn v Glenn, 262 AD2d 885, 887 [1999]).
discussed Cited as authority (rule) Matter of Pierre v. Dal
N.Y. App. Div. · 2016 · confidence medium
The relative fitness of each parent, as well as the effect an award of custody to one parent might have on the child’s relationship with the other parent also should be considered (see Matter of Ivory B. v Shameccka D.B., 121 AD3d 674, 674-675 [2014]). “[W]illful interference with a noncustodial parent’s right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending party] is unfit to act as a custodial parent” (Matter of Joosten v Joosten, 282 AD2d 748, 748 [2001] [internal quotation marks omitted], quoting …
discussed Cited as authority (rule) Matter of Williams v. Norfleet
N.Y. App. Div. · 2016 · confidence medium
The mother presented sufficient evidence of a change of circumstances, including the father’s alleged interference with her visitation rights, so as to warrant a hearing (see Matter of Ruiz v Sciallo, 127 AD3d 1205, 1206 [2015]; Matter of Weinberg v Weinberg, 52 AD3d 616 [2008]; Matter of Nikolic v Ingrassia, 47 AD3d 819 [2008]; Matter of Markey v Bederian, 274 AD2d 816 [2000]; Matter of King v King, 225 AD2d 697 [1996]; Matter of Sullivan v Sullivan, 216 AD2d 627 [1995]). “ ‘[W]illful interference with a noncustodial parent’s right to visitation is so inconsistent with the best intere…
discussed Cited as authority (rule) Matter of Pettiford v. Clarke
N.Y. App. Div. · 2015 · confidence medium
The court reasoned that, without the child’s participation in the proceeding, it could not determine whether a transfer of physical custody to the father was in the child’s best interests. “[WJillful interference with a noncustodial parent’s right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent” (Matter of Joosten v Joosten, 282 AD2d 748, 748 [2001] [internal quotation marks and some brackets omitted]).
discussed Cited as authority (rule) Weinberg v. Weinberg
N.Y. App. Div. · 2008 · confidence medium
Among other things, the hearing testimony established that the mother willfully interfered with the father’s right to visitation, an act “ ‘so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending party] is unfit to act as a custodial parent’ ” (Matter of Joosten v Joosten, 282 AD2d 748, 748 [2001], quoting Matter of Glenn v Glenn, 262 AD2d 885, 887 [1999]).
Retrieving the full opinion text from the archive…
In the Matter of Craig Joosten
v.
Carol Joosten
Appellate Division of the Supreme Court of the State of New York.
Apr 30, 2001.
282 A.D.2d 748
Cited by 12 opinions  |  Published

—In a proceeding pursuant to Family Court Act article 6, the petitioner father appeals from an order of the Family Court, Nassau County (Koenig, J.), entered August 5, 1999, which denied his applications, inter alia, to modify an order of the same court, dated March 12, 1998, awarding the mother custody of the parties’ children, and dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, the applications are reinstated, and the matter is remitted to the Family Court, Nassau County, for a hearing in accordance herewith, on condition that the petitioner provide the respondent with notice of the proceedings in accordance with Domestic Relations Law § 75-f.

The parties have two children and the mother is the custodial parent. Pursuant to an order of the Family Court dated March 12, 1998, the father was given certain visitation rights. The mother subsequently absconded with the children and relocated to Arizona. The father filed various applications in the Family Court seeking modification and enforcement of his visitation rights and, ultimately, a change in custody. The Family Court dismissed the applications without conducting a hearing.

“[W]illful interference with a noncustodial parent’s right to visitation is ‘so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending party] is unfit to act as a custodial parent’ ” (Matter of Glenn v Glenn, 262 AD2d 885, 887; see, Entwistle v Entwistle, 61 AD2d 380). Consequently, under the circumstances of this case, there should be a hearing on the custody issue and, if necessary, the visitation issues raised in the applications (see, Entwistle v Entwistle, supra), provided the mother is given notice of the proceedings (see, Domestic Relations Law § 75-f).

The father’s remaining contentions are either unpreserved for appellate review or without merit. Altman, J. P., Krausman, Luciano and Cozier, JJ., concur.