On Oct. 26, The Court of Appeals of New York responded to the questions certified to it from the U.S. Court of Appeals for the Second Circuit over a year ago, in the case of Nicholson v.
Children and Partner Abuse
On Oct. 26, The Court of Appeals of New York responded to the questions certified to it from the U.S. Court of Appeals for the Second Circuit over a year ago, in the case of <i>Nicholson v. Scoppetta</i>, whose answers would determine whether under New York law a child can lawfully be removed from its mother's care exclusively on the basis that the child has witnessed the mother being domestically abused. The answers the Court of Appeals gave added up to one conclusion: Such removals are not authorized. <i>Nicholson v. Scoppetta</i>, No. 113, 2004 N.Y. LEXIS 3490 (10/26/04). The opinion, written by Chief Justice Judith Kaye, was joined by all the remaining justices on the panel.
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Janice G. InmanThis premium content is locked for LawJournalNewsletters subscribers only
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