Donahue v. Buisch

265 A.D.2d 601, 696 N.Y.S.2d 254, 1999 N.Y. App. Div. LEXIS 10338
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 14, 1999
StatusPublished
Cited by23 cases

This text of 265 A.D.2d 601 (Donahue v. Buisch) 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
Donahue v. Buisch, 265 A.D.2d 601, 696 N.Y.S.2d 254, 1999 N.Y. App. Div. LEXIS 10338 (N.Y. Ct. App. 1999).

Opinion

—Peters, J.

Appeals (1) from two orders of the Family Court of Schuyler County (Callanan, Sr., J.), entered September 30, 1996 and October 11, 1996, which, inter alia, granted Thomas E. Donahue’s application, in a proceeding pursuant to Family Court Act article 6, for sole custody of the parties’ two children, and (2) from an order of said court, entered August 8, 1997, which, inter alia, in three proceedings pursuant to Family Court Act articles 6 and 8, awarded sole custody of one of the children to Thomas E. Donahue.

Thomas E. Donahue (hereinafter the father) and Michelle L. Buisch (hereinafter the mother) are the parents of Joshua (born in 1987) and Jasmin (born in 1992). They lived together as a family intermittently from 1986 until April 1994 when they entered into a stipulation providing for joint custody, with primary residence of the children with the mother. Thereafter, the parties apparently reconciled and, despite their numerous domestic disputes, lived together with the children until an incident in January 1996 which prompted the mother to file a family offense petition. That petition resulted in the issuance of an ex parte temporary order of protection removing the father from the family home and prohibiting him from having any further contact with the family. The order was later modified to allow supervised visitation.

One day after the issuance of the temporary order of protection, a representative for the paternal great-grandmother, who owned the family home, informed the mother by letter that they were to immediately vacate the residence. Moving to temporary quarters nearby for a short period of time, the mother ultimately moved with the children to her aunt’s home in North Carolina. Her failure to notify the father of their whereabouts resulted in his filing, in February 1996, of a peti[602]*602tion for custody of the two children.

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Bluebook (online)
265 A.D.2d 601, 696 N.Y.S.2d 254, 1999 N.Y. App. Div. LEXIS 10338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donahue-v-buisch-nyappdiv-1999.