Wednesday, January 15, 2014

Once something is set for conference in ny family court do i have to be concerned about proper service?

Q:  there were 2 matters in front of the family court judge today, an order to show cause filed by opposing counsel and a violation petition filed by me. the order to show cause was decided today and matter closed, however when i told the court that there is a violation matter pending, the opposing attorney contested proper service. I of course argued that he was served. So the judge asked opposing counsel if he would agree for the matter to be set for "CONFERENCE" next month and he consented. Does this mean that I dont have to worry or prove proper service at that conference or do I still have to prove it? If I do have to prove service can I do it now again and have him properly served?

A:  David's Answer:  To cover your bases, I'd communicate with opposing counsel and inquire as to whether s/he still is contesting service in light of the consent adjournment. Schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (

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