Allen v. Farrow

197 A.D.2d 327, 611 N.Y.S.2d 859, 1994 N.Y. App. Div. LEXIS 5159
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 12, 1994
StatusPublished
Cited by11 cases

This text of 197 A.D.2d 327 (Allen v. Farrow) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Farrow, 197 A.D.2d 327, 611 N.Y.S.2d 859, 1994 N.Y. App. Div. LEXIS 5159 (N.Y. Ct. App. 1994).

Opinions

OPINION OF THE COURT

Ross, J.

In this special proceeding commenced by petitioner to obtain custody of, or increased visitation with, the infant children Moses Amadeus Farrow, Dylan O’Sullivan Farrow and Satchel Farrow, we are called upon to review the IAS Court’s decision which, inter alia, awarded custody of the three children to the respondent, denied the petitioner’s requests regarding visitation and awarded counsel fees to the respondent. Upon such review we conclude, for the reasons set forth below, that the determination of the IAS Court was in accordance with the best interests of these children, and accordingly, we affirm.

The petitioner and the respondent have brought themselves to this unhappy juncture primarily as a result of two recent events. These are, Mr. Allen’s affair with Soon-Yi Previn and the alleged sexual abuse of Dylan O’Sullivan Farrow by Mr. Allen. While the parties had difficulties which grew during Ms. Farrow’s pregnancy with Satchel, it was the discovery of the relationship between Mr. Allen and Ms. Previn that intensified Ms. Farrow’s concerns about Mr. Allen’s behavior toward Dylan, and resulted in the retention of counsel by both parties. While various aspects of this matter remain unclear, [329]*329it is evident that each party assigns the blame for the current state of affairs to the other.

The parties’ respective arguments are very clear. The petitioner maintains that he was forced to commence this proceeding in order to preserve his parental rights to the three infant children, because the respondent commenced and continues to engage in a campaign to alienate him from his children and to ultimately defeat his legal rights to them. The petitioner contends, inter alia, that the respondent seeks to accomplish her goals primarily through manipulation of the children’s perceptions of him. He wishes to obtain custody, ostensibly to counteract the detrimental psychological effects the respondent’s actions have had on his children, and to provide them with a more stable atmosphere in which to develop. Mr. Allen specifically denies the allegations that he sexually abused Dylan and characterizes them as part of Ms. Farrow’s extreme overreaction to his admitted relationship with Ms. Previn.

The respondent maintains that the petitioner has shown no genuine parental interest in, nor any regard for, the children’s welfare and that any interest he has shown has been inappropriate and even harmful. Respondent cites the fact that the petitioner has commenced and maintained an intimate sexual relationship with her daughter Soon-Yi Previn, which he has refused to curtail, despite the obvious ill effects it has had on all of the children and the especially profound effect it has had on Moses. It is also contended that petitioner has at best, an inappropriately intense interest in, and at worst, an abusive relationship with, the parties’ daughter Dylan. Further, the respondent maintains that petitioner’s contact with the parties’ biological son, Satchel, is harmful to the child in that petitioner represents an emotional threat and has on at least one occasion threatened physical harm. Respondent contends that the petitioner’s only motive in commencing this proceeding was to retaliate against the allegations of child sexual abuse made against him by Ms. Farrow.

Certain salient facts concerning both Mr. Allen’s and Ms. Farrow’s relationships to their children and to each other are not disputed. Review of these facts in an objective manner and the conclusions that flow from them, demonstrate that the determination of the IAS Court as to both custody and visitation is amply supported by the record before this Court.

From the inception of Mr. Allen’s relationship with Ms. Farrow in 1980, until a few months after the adoption of [330]*330Dylan O’Sullivan Farrow on June 11, 1985, Mr. Allen wanted nothing to do with Ms. Farrow’s children. Although Mr. Allen and Ms. Farrow attempted for approximately six months to have a child of their own, Mr. Allen did so apparently only after Ms. Farrow promised to assume full responsibility for the child. Following the adoption however, Mr. Allen became interested in developing a relationship with the newly adopted Dylan. While previously he rarely spent time in the respondent’s apartment, after the adoption of Dylan he went to the respondent’s Manhattan apartment more often, visited Ms. Farrow’s Connecticut home and even accompanied the Farrow family on vacations to Europe. Allen also developed a relationship with Moses Farrow, who had been adopted by the respondent in 1980 and was seven years old at the time of Dylan’s adoption. However, Allen remained distant from Farrow’s other six children.

In 1986 Ms. Farrow expressed a desire to adopt another child. Mr. Allen, while not enthusiastic at the prospect of the adoption of Dylan in 1985, was much more amenable to the idea in 1986. Before the adoption could be completed Ms. Farrow became pregnant with the parties’ son Satchel. While the petitioner testified that he was happy at the idea of becoming a father, the record supports the finding that Mr. Allen showed little or no interest in the pregnancy. It is not disputed that Ms. Farrow began to withdraw from Mr. Allen during the pregnancy and that afterwards she did not wish Satchel to become attached to Mr. Allen.

According to Mr. Allen, Ms. Farrow became inordinately attached to the newborn Satchel to the exclusion of the other children. He viewed this as especially harmful to Dylan and began spending more time with her, ostensibly to make up for the lack of attention shown her by Ms. Farrow after the birth of Satchel. Mr. Allen maintains that his interest in and affection for Dylan always has been paternal in nature and never sexual. The various psychiatric experts who testified or otherwise provided reports did not conclude that Allen’s behavior toward Dylan prior to August of 1992 was explicitly sexual in nature. However, the clear consensus was that his interest in Dylan was abnormally intense in that he made inordinate demands on her time and focused on her to the exclusion of Satchel and Moses even when they were present.

The record demonstrates that Ms. Farrow expressed concern to Allen about his relationship with Dylan, and that Allen expressed his concern to Ms. Farrow about her relationship [331]*331with Satchel. In 1990 both Dylan and Satchel were evaluated by clinical psychologists. Dr. Coates began treatment of Satchel in 1990. In April of 1991 Dylan was referred to Dr. Schultz, a clinical psychologist specializing in the treatment of young children with serious emotional problems.

In 1990 at about the same time that the parties were growing distant from each other and expressing their concerns about the other’s relationship with their youngest children, Mr. Allen began acknowledging Farrow’s daughter Soon-Yi Previn. Previously he treated Ms. Previn in the same way he treated Ms. Farrow’s other children from her prior marriage, rarely even speaking to them. In September of 1991 Ms. Previn began to attend Drew College in New Jersey. In December 1991 two events coincided. Mr. Allen’s adoptions of Dylan and Moses were finalized and Mr. Allen began his sexual relationship with their sister Soon-Yi Previn.

In January of 1992, Mr. Allen took the photographs of Ms. Previn, which were discovered on the mantelpiece in his apartment by Ms. Farrow and were introduced into evidence at the IAS proceeding. Mr. Allen in his trial testimony stated that he took the photos at Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
197 A.D.2d 327, 611 N.Y.S.2d 859, 1994 N.Y. App. Div. LEXIS 5159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-farrow-nyappdiv-1994.