USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Rashel Zywica, Schumann Law LLC
Status of Agreement Reached via a Non-Court Process Such agreements are enforceable. However, they may not be enforced using remedies available to court orders unless the agreement is So Ordered and/or incorporated into a judgment of divorce signed by a judge. Requirements Imposed by Statute There are no requirements imposed by statute for par ‑ ties to engage in alternative dispute resolution. 3.5 Media Access and Transparency in Children Proceedings Media and Press Reporting The media and press are able to report on child cases; however, the records of divorce and family matters in the New York Supreme and Family courts are sealed by default, and not made available to the public. Only the parties and their attorneys have access. Anonymising the Child A child’s initials are used in court decisions regarding custody and child support.
said to be “an act so inconsistent with the best inter ‑ ests of the child as to per se raise a strong probability that the offending party is unfit to act as a custodial parent”. Young v Young , 212 A.D.2d 114, 628 N.Y.S.2d 957 (1995) (quoting Maloney v Maloney , 208 A.D.2d 603, 617 N.Y.S.2d 190, 191 (1994)). Children’s Evidence In New York, judges do not generally call children to the witness stand to testify in open court. Rather, they conduct in camera “Lincoln hearings” during which the children speak directly to the judge outside the presence of the parties and their counsel. Only the attorney for the child(ren) is present. Testimony pro ‑ vided during these Lincoln hearings may inform the judge’s ultimate determination of custody. The tran ‑ script of the Lincoln hearing is sealed, and the parties do not have access to the child’s testimony. 3.4 ADR in Child Law Matters Mechanisms Outside the Court Process There are private options for alternative dispute reso ‑ lution, including mediation, arbitration and/or collabo ‑ rative law. ADR Methods Mandated by Court Some courts have established county-specific media ‑ tion and neutral evaluation programmes. Some man ‑ date party participation and some are voluntary. The courts may also directly facilitate settlement confer ‑ ences. There are no material penalties for non-compliance, as most programmes are voluntary.
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