IN RE: Kathleen O'SHEA (2005)

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (DePhillips, J.), dated February 6, 2004, which directed her to pay counsel fees in the sum of $6,000 to the father.

ORDERED that the order is affirmed, without costs or disbursements.

 The Family Court providently exercised its discretion in directing the mother to pay the sum of $6,000 towards the father's counsel fees, which represented approximately one-half the amount of counsel fees incurred by the father in this proceeding (see O'Shea v. O'Shea, 93 N.Y.2d 187, 689 N.Y.S.2d 8, 711 N.E.2d 193;  Matter of Hulsair v. Benedetto, 254 A.D.2d 488, 680 N.Y.S.2d 18).   The Family Court has the authority to award counsel fees in custody proceedings when warranted under the circumstances of the case (see Family Ct. Act § 651;  Domestic Relations Law § 237[b];  DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 524 N.Y.S.2d 176, 518 N.E.2d 1168;  Matter of O'Neil v. O'Neil, 193 A.D.2d 16, 601 N.Y.S.2d 628).   Here, the Family Court made factual findings that the mother was obstructionist in changing attorneys twice and in making unsubstantiated allegations of abuse against the son of the father's girlfriend (see Dowd v. White, 155 A.D.2d 459, 547 N.Y.S.2d 118;  Stern v. Stern, 67 A.D.2d 253, 415 N.Y.S.2d 225).   The parties stipulated that the Family Court could make its determination without a hearing (see Matter of Zirkind v. Zirkind, 218 A.D.2d 745, 630 N.Y.S.2d 570;  Sadofsky v. Sadofsky, 78 A.D.2d 520, 431 N.Y.S.2d 594).   We therefore decline to disturb the Family Court's determination.