A.S., Plaintiff, v. K.S., Defendant. (2026)

The following documents were considered in connection with the motion by order to show cause of the Defendant, dated June 16, 2026, (hereinafter "Motion Sequence No. 9"), seeking the entry of an Order granting the following final relief (hereinafter "Motion 9 Final Relief"):

1. Adjudging Plaintiff to be in civil contempt for his violations of the Children's Bill of Rights so-ordered by this Court on April 2, 2025, which violations include approximately one-third of the thirty-one (31) enumerated rights;

2. Adjudging Plaintiff to be in civil contempt for his violations of this Court's Decision and Order, dated March 25, 2025 (the "March Order"), including his alteration and/or termination of the Children's longtime caregiving arrangements and therapeutic services;

3. Adjudging Plaintiff to be in civil contempt for his violations of the So Ordered Modified Amended Interim Order of Custody & Access, dated October 30, 2025 (the "October Order"), including his failure to seek the Defendant's input regarding Major Decision regarding the Children in advance;

4. With respect to prongs (l)-(3) seeking an adjudication of civil contempt, if the Court believes a hearing is necessary following full submission of the motion, referring such issues including determination of an appropriate fine, costs, and expenses (upon an affirmation of services incurred in connection therewith) to the trial of the action set to commence on October 27, 2026;

5. Modifying the current interim custody arrangement to:

a. Lift the supervision requirement for Defendant's parenting time, video calls, and any other access with J.S. (d/o/b [Redacted]), S.S. (d/o/b [Redacted]), J.S. (d/o/b [Redacted]), and J.S. (d/o/b [Redacted]) (collectively, the "Children");

b. Expand Defendant's parenting time with the Children as set forth in the following schedule, pending the trial of this action:

c. Vacate the award of temporary sole legal custody to the Plaintiff, and award joint legal decision-making to the Parties;

d. Appoint a Parenting Coordinator to assist the Parties in making Major Decisions jointly;

e. Vacate the Temporary Order of Protection, dated August 21, 2025, in its entirety and directing the Parties to abide by a mutual code of conduct;

6. To the extent that the Court finds that there are issues of fact with respect to any of the interim custody relief requested above in prong (5), scheduling an expedited, limited scope and purpose hearing, to take place over no more than three (3) days and four (4) witnesses (Plaintiff, the Defendant, [Redacted], and [Redacted]) with time limitations for each witness to be determined and imposed by the Court;

7. Directing that neither party shall relocate the Children's residence outside their current hometowns of [Redacted], New York, and [Redacted], New York;

8. Until such time as the current legal custody arrangement is modified by agreement of the Parties or order of this Court, directing that:

a. Plaintiff shall not terminate or alter the services of a provider for a Child without the express written consent of Defendant or an order of this Court specifically authorizing same;

b. Plaintiff shall not schedule new activities or appointments during Defendant's parenting time without the express written consent of Defendant or an order of this Court specifically authorizing such infringement on Defendant's parenting time;

c. Plaintiff shall schedule parent-teacher conferences and doctors' appointments for a Child at a time when Defendant can attend and shall facilitate same;

d. Plaintiff shall provide Defendant with the credentials permitting her to log in to the portal for any provider for the Child to which she does not have direct access, including but not limited to the portal for the Children's pediatrician, and login credentials for any email address for a Child;

e. Plaintiff shall provide Defendant's name and contact information as the second parent or alternate contact for all forms for the Children where there is the ability to do so;

f. Plaintiff shall provide Defendant with all information which he receives about a Child that may be relevant to a Major Decision for a Child promptly following receipt of such information;

g. Plaintiff shall not interfere with, and shall direct all caregivers in his employ and non-platonic adults to whom he has introduced the Children including [Redacted], not to interfere with Defendant's right to make routine, day-to-day decisions during her parenting time, including but not limited to the administration of routine medications;

h. Plaintiff shall not interfere with, and shall direct all caregivers in his employ, not to interfere with Defendant's video calls with the Children, and shall provide the Children a device on which to conduct such video call, privacy, and a quiet place to conduct such video call free from distractions;

i. Plaintiff shall not permit nor direct any person to violate the Children's Bill of Rights, including but not limited to his caregiver, [Redacted], and non-platonic adults to whom he has introduced the Children, including [Redacted];

9. Directing that neither party shall initiate, and will prohibit, the designation of "father" or its equivalent (e.g., Dad, Daddy, Papa) or "mother" or its equivalent (e.g., Mom. Mommy, or Mama) to be used by the Children or a Child to refer to any person other than the parties, including but not limited to [Redacted];

10. Directing that Plaintiff shall not discuss nor permit any person to discuss with the Children the following topics:

a. Relocating the Children to reside in the home of [Redacted];

b. The Children getting a new "mother", to wit, [Redacted];

c. The Children getting new "sisters", to wit, the daughters of [Redacted];

d. Defendant's mental health; and

e. Defendant's relationships with her family members;

11. Prohibiting Plaintiff from bringing or inviting [Redacted] to attend events for the Children, including without limitation: summer camp visiting days, recitals, games, matches, performances, lessons, and doctor and specialist appointments;

12. Prohibiting Plaintiff from introducing or presenting [Redacted] as the Children's mother to the Children's providers (i.e. teachers, doctors, therapists, tutors);

13. Directing that neither party shall permit the Children or a Child to stay overnight in the home o fa non-platonic adult, nor allow such non-platonic adult to stay overnight in the Children's home, nor allow such non-platonic adult to stay overnight with the Children under any circumstances, including but not be limited to [Redacted];

14. Permitting Defendant's caregiver(s) to drive a Child or the Children during Defendant's parenting time; and

15. Granting such other and further relief as the Court deems just and proper;

Further seeking the entry of an Order granting the following immediate relief on an ex parte basis pending the determination of the Final Relief included within Motion Sequence No. 9 (hereinafter "Motion 9 Interim Relief"):

1. Defendant's parenting time shall be expanded immediately, subject to the availability of CFS supervision, in accordance with the following schedule for June 16, 2026 to June 28, 2026:

2. Commencing as of June 29, 2026, and continuing pending the hearing and determination of this motion, after the two older children have left for sleepaway camp, Defendant shall have the following parenting time with the two younger Children, with transitions to take place at school or camp or 10:00 a.m. if no school or camp:

3. Pending the hearing and determination of this motion, CFS supervision shall be as follows:

a. From June 16 to June 28, 2026 and during the first two-week period of the schedule set forth in prong (2), all of Defendant's parenting time shall be supervised by CFS;

b. Following the first two-week period of the schedule set forth in prong (2), including on weekend days, the CFS supervisor shall be present for one hour before school or camp, and for two hours after school or camp, 4:00 p.m. to 6:00 p.m.;

c. The supervision requirement for Defendant's parenting time is lifted for public events at the Children's schools, extracurriculars and camps (including but not limited to the camp visiting days on Saturday July 18, and Sunday, July 26), and at appointments or activities for the Children where adult third-party professionals are present, including but not limited to doctor appointments, therapy, and tutoring sessions);

4. The Temporary Order of Protection, dated August 21, 2025, is vacated with respect to the Children;

5. Neither party shall relocate the Children's residence outside their- current hometowns of [Redacted], New York, and [Redacted], New York;

6. The Court shall appoint a parenting coordinator to ensure that Defendant has an opportunity to provide meaningful input into major decisions for the Children;

7. Plaintiff shall not terminate or alter the services of a provider for a Child without the express written consent of Defendant or an order of this Court specifically authorizing same;

8. Plaintiff shall not schedule new activities or appointments dining Defendant's parenting time without the express written consent of Defendant or an order of this Court specifically authorizing such infringement on Defendant's parenting time;

9. Plaintiff shall schedule parent-teacher conferences and doctors' appointments for a Child at a time when Defendant can attend (virtually if necessary) and shall facilitate same;

10. Plaintiff shall provide Defendant with the credentials permitting her to log in to the portal for any provider for the Child to which she does not have direct access, including but not limited to the portal for the Children's pediatrician, and login credentials for any email address for a Child;

11. Plaintiff shall provide Defendant's name and contact information as the second parent or alternate contact for all forms for the Children where there is the ability to do so;

12. Plaintiff shall provide Defendant with all information which he receives about a Child that may be relevant to a Major Decision for a Child promptly following receipt of such information;

13. Plaintiff shall not interfere with, and shall direct all caregivers in his employ and non-platonic adults to whom he has introduced the Children including [Redacted], not to interfere with Defendant's right to make routine, day-to-day decisions during her parenting time, including but not limited to the administration of routine medications;

14. Plaintiff shall not interfere with, and shall direct all caregivers in his employ, not to interfere with Defendant's video calls with the Children, and shall provide the Children a device on which to conduct such video call, privacy, and a quiet place to conduct such video call free from distractions;

15. Plaintiff shall not permit nor direct any person to violate the Children's Bill of Rights, including but not limited to his caregiver, [Redacted], and non-platonic adults to whom he has introduced the Children, including [Redacted];

16. Neither party shall initiate, and will prohibit, the designation of "father" or its equivalent (e.g., Dad, Daddy, Papa) or "mother" or its equivalent (e.g., Mom, Mommy, or Mama) to be used by the Children or a Child to refer to any person other than the parties, including but not limited to [Redacted];

17. Plaintiff shall not discuss nor permit any person to discuss with the Children the following topics:

a. Relocating the Children to reside in the home of [Redacted];

b. The Children getting a new "mother", to wit, [Redacted];

c. The Children getting new "sisters", to wit, the daughters of [Redacted];

d. Defendant's mental health; and

e. Defendant's relationships with her family members;

18. Plaintiff shall not bring or invite [Redacted] to attend events for the Children, including without limitation: summer camp visiting days, recitals, games, matches, performances, lessons, and doctor and specialist appointments;

19. Plaintiff shall not introduce or present [Redacted] as the Children's mother to the Children's providers (i.e. teachers, doctors, therapists, tutors);

20. Neither party shall permit the Children or a Child to stay overnight in the home of a non-platonic adult, nor allow such non-platonic adult to stay overnight in the Children's home, nor allow such non-platonic adult to stay overnight with the Children under any circumstances, including but not be limited to [Redacted];

21. Defendant's caregiver(s) shall be permitted to drive a Child or the Children during Defendant's parenting time; and

22. Such other and further interim relief as the Court deems just and proper.

And in connection with the motion by order to show cause of the Defendant, dated July 28, 2026, (hereinafter "Motion Sequence No. 12"), seeking the entry of an Order granting the following final relief (hereinafter "Motion 12 Final Relief"):

1. Summarily adjudging Plaintiff to be in civil contempt for his admitted violation of this Court's Decision and Order, dated March 25, 2025 (the "March Order") pursuant to Judiciary Law § 753(A)(1), to wit, relocating the two younger children from their home at [Redacted], New York (the "Marital Residence") to reside in the home of Plaintiff's girlfriend at [Redacted], New York, on or about July 20, 2026, without consent of Defendant nor approval of this Court.

2. Adjudging Plaintiff to be in civil contempt for his further violations of the March Order pursuant to Judiciary Law § 753(A)(1), to wit, the following prohibitions set forth in the Children's Bill of Rights:

a. "Neither party shall deny the child reasonable use of the telephone to place and receive calls with the other party Such use shall be private to the child..."

b. "Neither party shall permit the children to overhear substantive discussions about legal dealings between the parties."

c. "Neither party shall physically or psychologically attempt to pressure, attempt to influence, pressure, or influence the child concerning the personal opinion or position of the child concerning legal proceedings between the parties."

d. "The parties will acknowledge to the child that the child has two homes although the child may spend more time at one home than the other."

e. "The parties shall cooperate to the greatest extent practicable in sharing time with the child."

f. "Neither party will use the child as a 'middle-man' by using the child to communicate with the other party on inappropriate topics."

g. "Neither party will undermine the other party in the eyes of the child by engaging in the 'circumstantial syndrome' which is done by manipulating, changing, or rearranging fact."

h. "Neither party will encourage or instruct the child to be disobedient to the other party..."

i. "Neither party will reward the child to act negatively toward the other party."

3. Expanding the record on the pending Motion Sequence #9 to include the Affirmation of [Redacted] and the Affirmation of [Redacted] in support of this Motion Sequence #12, and all referenced and attached Exhibits, in order to permit the Court's consideration thereof in its determination of the Final Relief (as defined in the Court's decision and order dated July 9, 2026) sought on Motion Sequence #9;

4. Modifying Defendant's request for an expedited limited scope and purpose hearing, as set forth in Prong #6 of the Final Relief sought on Motion Sequence #9 as necessary and appropriate to reflect recent material developments, to instead read as follows: "To the extent that the Court finds that there are issues of fact with respect to any of the interim custody relief requested above in prong (5), scheduling an expedited, limited scope and purpose hearing, to take place over no more than three (3) days with appropriate time limitations for each party's witnesses to be determined and imposed by the Court";

5. Granting all other Final Relief sought on Motion Sequence #9 except as expressly modified by the above requested relief;

6. Directing Plaintiff to pay all reasonable counsel fees, costs and expenses incurred in connection with this application, upon submission of an affirmation of services, upon a finding of civil contempt pursuant to Judiciary Law § 773 or, in the alternative, as a sanction upon a finding that Plaintiff engaged in frivolous conduct pursuant to 22 NYCRR 130-1.1(d);

7. Granting such other and further relief as the Court deems just and proper; and, Further seeking the entry of an Order granting the following immediate relief on an ex parte basis pending the determination of the Final Relief included within Motion Sequence No. 12 (hereinafter "Motion 12 Interim Relief"):

1. Plaintiff shall restore the status quo by immediately returning the two younger Children to reside in the Marital Residence, and the two older Children to reside there upon their return from camp, and maintain the status quo until further order of this Court or written agreement of the parties;

2. Defendant shall be entitled to the following additional access time on her existing parenting time weekends, supervised by Comprehensive Family Services, commencing on August 1, 2026, and continuing until further order of this Court: (a) From the end of her existing parenting time on Friday night at 7:00 p.m. until the start of her existing parenting time on the immediately following Saturday at noon; (b) From the end of her existing parenting time on Saturday night at 9:00 p.m. until the start of her existing parenting time on the immediately following Sunday at noon;

3. Plaintiff shall return all furniture, furnishings, and personal property, including the Children's, removed from the Marital Residence immediately and until further order of this Court or written agreement of the parties; and Plaintiff shall photograph all furniture, furnishings, and personal property removed from the Marital Residence, and provide a list thereof via counsel to Defendant within twenty-four (24) hours of this order; and,

4. Such other and further interim relief as the Court deems just and proper.

PAPERS DOC. NO.

[Motion Sequence No. 9]

Order to Show Cause/Defendant's Attorney Affirmation/Defendant's

Affirmation/Affirmation of Emergency & Good Faith/Exhibits A-Z 1-30

Attorney For The Children's Affirmation in Opposition 31

Plaintiff's Affirmation in Opposition/Plaintiff's Attorney Affirmation in Opposition/Memorandum of Law/Exhibits 1-6 32-40

Defendant's Unsworn Reply Letter 41

Plaintiff's Unsworn Sur-Reply Letter/Exhibits 1-2 42-44

[Motion Sequence No. 12]

Order to Show Cause/Defendant's Affirmation in Support/Defendant's Attorney

Affirmation in Support/Affirmation of Good Faith/Memorandum of Law/

Exhibits A-C, C1, D-R 45-68

Defendant's Supplemental Affirmation in Support of Sanctions/Exhibits S-V 69-73

Plaintiff's Unsworn Letter in Opposition 74

Defendant's Unsworn Reply Letter in Support 75

Attorney For the Children's Affirmation in Opposition 76

Plaintiff's Affirmation in Opposition/Plaintiff's Attorney

Affirmation in Opposition/Memorandum of Law/Exhibits 1-23 77-102

Relevant Factual and Procedural Background

On March 20, 2025, this matrimonial action was commenced by Plaintiff with the filing of a summons and verified complaint (hereinafter "Complaint"),¹ seeking judgment against the Defendant dissolving the marriage between the parties to this action pursuant to New York State Domestic Relations Law (hereinafter "DRL") § 170(7) asserting that the parties' relationship had irretrievably broken down for a period in excess of six months and requests other ancillary relief, along with the following supporting documents: (1) notice of automatic orders; (2) maintenance guidelines worksheet; and, (3) notice concerning continuation of health care coverage. Notably, the subject relief identified within the Complaint included physical custody of the four minor children of the marriage, to wit: J. S. (D.O.B.: [Redacted]); S. S. (D.O.B.: [Redacted]); J. S. (D.O.B.: [Redacted]); and, J. S. (D.O.B.: [Redacted]) (hereinafter the "Children").²

On March 24, 2025, Plaintiff filed a request for judicial intervention,³ as well as a motion by order to show cause (hereinafter "Motion Sequence No. 1"),⁴ seeking the entry of an Order granting pendente lite relief, including, but not limited to: sole legal and physical custody of the Children; enjoining of Defendant to travel overnight with the Children; exclusive use and occupancy of the parties home, located at [Redacted], New York (hereinafter the "Marital Residence"); and, requiring Defendant to submit to a forensic evaluation. The same day, this Court conformed Motion Sequence No. 1,⁵ directing that the motion papers be served on Defendant via e-mail and text message the same day, and directing that all parties and counsel appear in-person the following day for oral argument regarding the relief sought therein.

On March 25, 2025, all parties and counsel appeared as directed by the Court and a resolution regarding the relief sought within Motion Sequence No. 1 was reached, being memorialized in a later Court Order (hereinafter "March, 2025 Interim Custody Agreement"),⁶ as follows:

"The parties entered into a Stipulation [which] was reached providing the following for the period commencing as of the date of the Conference until the date of further Decision by the Court including the following, after which the parties were subject to an allocution of the Court:

1. That both parties would comply with the Children's Bill of Rights marked and filed as Court Exhibit No. 1, including but not limited to, neither party disparaging the other.

2. That neither party travel with the Children overnight without prior written consent via e-mail of the other party.

3. That neither party discharge any of the childcare givers employed by the parties or the Children's healthcare or therapy providers.

4. The parties shall maintain the status quo with both parties remaining in the martial residence located at [Redacted], New York.

5. The childcare schedule which shall not be modified without the parties' written consent.

6. The parties shall have joint legal custody of the Children and shall not dismiss any medical or mental health or therapy professionals providing assistance to the children. The parties shall not change the schools of the children without the written consent of the parties.

7. Plaintiff shall hold the children's passports."

Of note, during the March 25, 2025 conference, the parties were provided as a Court exhibit, and the Court made reference to, the Children's Bill of Rights  ⁷ in the context of the resolution of Motion Sequence No. 1.

On August 20, 2025, Plaintiff filed a motion by order to show cause (hereinafter "Motion Sequence No. 2"),⁸ seeking the following relief:

1. Directing an immediate change of custody and access affording to Plaintiff primary residence of all four (4) children J.S. ([Redacted]), S.S. ([Redacted]), J.S. ([Redacted]) and J.S. ([Redacted]) in the marital home and temporary sole legal custody;

2. An Order excluding the Defendant from the marital home pendente lite and awarding to Plaintiff exclusive use, occupancy and possession of the marital home with the children;

3. Directing all access between Defendant the children J.S. ([Redacted]), S.S. ([Redacted]), J.S. ([Redacted]) and J.S. ([Redacted]) be supervised by a qualified person who will be in a position to make reports to the Court concerning the conduct of the same;

4. Directing that Defendant be afforded day supervised visits with the children J.S. ([Redacted]), S.S. ([Redacted]), J.S. ([Redacted]) and J.S. ([Redacted]) without overnight access. Defendant should continue to have alternating weekend day access, as well as up two (2) days during the week access all without overnight;

5. Adjudicating the Defendant in civil contempt of this Court's Order of June 13, 2025, the Children's Bill of Rights dated March 25, 2025 and this Court's Bench directive of March 25, 2025 (Exhibit "8");

6. Adjudicating the Defendant in criminal contempt of this Court's Order of June 13, 2025, the Children's Bill of Rights dated March 25, 2025 and this Court's Bench directive of March 25, 2025 (Exhibit "8");

7. Directing the Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses;

8. Issuing a Temporary Order of Protection and Permanent Order of Protection against the Defendant enjoining Defendant from having contact with Plaintiff except by way of OFW and limited solely for the purpose of communications concerning the health of the children and pick-up and drop-off for access and issuing an order of protection in favor of the children; and,

9. For such other and further relief as this Court may deem just and proper.

Of note, Plaintiff further sought interim relief pending the resolution of Motion Sequence No. 2, substantially similar to the final relief sought to be resolved within said motion.

The same day, this Court conformed Motion Sequence No. 2,⁹ directing that all parties and counsel appear on August 21, 2025 to engage in oral argument regarding the relief sought in Motion Sequence No. 2, wherein a briefing schedule regarding the motion would be provided if necessary.

On August 21, 2025, this Court entered an Order  ¹⁰ following a conference which was held before undersigned, wherein all parties and counsel appeared, and wherein a stipulation was placed upon the record resolving Motion Sequence No. 2 after which the parties were subject to an allocution, and on consent a temporary order of protection (hereinafter "Temporary Order of Protection"),¹¹ was entered by the Court against the Defendant for the benefit of Plaintiff and the Children. The resolution of Motion Sequence No. 2, was memorialized within an interim order of custody and access agreed to on consent of all parties, which was so-ordered by this Court on August 22, 2025 (hereinafter "August, 2025, Interim Custody Agreement").¹² The August, 2025 Interim Custody Agreement set forth specific directives regarding both parties' custody, communication and access of the Children, as well as providing for exclusive use and occupancy of the Marital Residence to the Plaintiff and the Children.¹³

On September 15, 2025, a pre-trial conference order (hereinafter "Pre-Trial Conference Order"),¹⁴ was entered by this Court which directed inter alia the following: (1) all parties to appear on April 17, 2026 at 9:00 a.m. to complete a pre-trial conference; (2) a trial in this action would commence on May 1, 2026 and proceed day-by-day through May 12, 2026, continuing on May 20, 2026 and continuing through May 29, 2026, 9:00 a.m. to 5:00 p.m. each day; and, (3) with respect to motions in limine, directed the following: "[m]otions in limine must be in writing and made returnable on the day of the Pre-Trial Conference. Such motions must be made no less than ten (10) days' notice to opposing counsel and/or self-represented parties. Opposition submissions must be made no less than five (5) days' notice to opposing counsel and/or self-represented parties. No reply submissions may be made. To the extent possible, the Court will decide such motions prior to commencement of the Trial. To the extent that any motions in limine are not made timely as set forth herein, such applications will be waived."

On September 18, 2025, Plaintiff filed a Note of Issue and Certificate of Trial Readiness,¹⁵ confirming the completion of discovery and marking this matter trial ready.

On October 30, 2025, all parties and counsel appeared before the Court for a settlement conference, wherein all parties agreed on consent to a further modification of interim custody and access of the Children, which was memorialized by the parties through a proposed modified amended interim custody order, which was so-ordered and filed the same day (hereinafter "October, 2025 Interim Custody Agreement"),¹⁶ whereafter the parties were allocuted as to the terms of the agreement, and further discussions were had regarding settlement of certain financial issues, after which a transcript was so-ordered and entered memorializing such discussions (hereinafter "10/30/2025 Transcript").¹⁷

Of note, the October, 2025 Interim Custody Agreement is the current custody agreement in place between the parties, and reads as follows:

"WHEREAS,a prior Modified Amended Interim Order of Custody and Access, was entered into between the Plaintiff. A. S., and Defendant. K. S., (collectively "Parties") on September 17, 2025, So Ordered by the Hon. James L. Hyer on September 17, 2025, and entered on September 18, 2025. NYSCEF DOC NO. 170 ("September 17, 2025 Order");

WHEREAS.Plaintiff's counsel. [Redacted], Esq of [Redacted] and [Redacted], Esq. of [Redacted], Defendant's counsel, [Redacted] by [Redacted]. Esq. and [Redacted], Esq., the Attorney for the Children. [Redacted] Esq. ("AFC") of [Redacted] have agreed to modifications of the September 17, 2025 Order, on consent, without prejudice and with all rights reserved,

ORDERED,that pending further order of the Court or agreement of the Parties, Plaintiff is awarded temporary legal custody and interim primary residential custody of the minor children, J.S. ([Redacted]), S.S. ([Redacted]), J.S. ([Redacted]) and J.S. ([Redacted]) (hereinafter referred to collectively as the "Children"); and it is further

ORDERED,that pending further order of the Court or agreement of the Parties, Plaintiff shall have exclusive use and occupancy of the familial home located at [Redacted], New York (the "Residence") and Defendant shall remain away therefrom except as permitted and as set forth in this Order and; it is further

ORDERED,that pending further order of the Court or agreement of the Parties. Defendant's parenting lime with the Children shall be supervised at all times by Comprehensive Family Services ("CFS"). Defendant shall pay for the CFS supervision costs from her separate assets, subject to application for reallocation. The supervisor shall be able to see and hear the Defendant at all times during the Defendant's periods of parenting time. The Defendant shall be afforded supervised parenting time, as follows:

a. Each and every Tuesday and Thursday with such parenting time to take place away from the Residence at such location in Westchester County as agreed upon between Defendant and CFS with Defendant picking up the children unless otherwise arranged with the Children's nannies and CFS, as follows: Defendant to pick up J.S. ([Redacted]) at 2:15 p.m. from the [Redacted]; A nanny to pick up J.S. ([Redacted]) from [Redacted] in Connecticut and transport him directly to Defendant's residence or the location at which she is then exercising access; Defendant shall pick-up J.S. ([Redacted]) and S.S. ([Redacted]) from the [Redacted] at 3:20 p.m. All the children shall be returned to the Plaintiff at the Residence at 7:00 p.m. at the conclusion of each and every Tuesday and Thursday visit set forth herein. It is understood and agreed by the Parties that J.S. ([Redacted]) has occupational therapy on Thursdays from 3:45 p.m. to 4:30 p.m. outside the Residence at [Redacted] in [Redacted], New York. When school is in session, J.S. ([Redacted]) is to be picked-up from [Redacted] by one of the Children's nannies and shall be transported to occupational therapy at [Redacted] and thereafter to Defendant's Residence or a location in Westchester County where Defendant is exercising parental access with the Parties' Children. In the event that a child(ren) do/does not have school on a particular Tuesday or Thursday other than holiday or scheduled school breaks, then Defendant's access shall start at 2:15 p.m. with pick up curbside from the Residence; and

b. In addition to the foregoing Tuesday and Thursday afternoon access, commencing November 7. 2025 and continuing until further order of the Court or agreement of the Parties, alternating Fridays on the Friday immediately preceding her Saturday access, with return to the Marital Residence no later than 6:30 p.m., as follows:

i. Defendant to pick up J.S. ([Redacted]) and S.S. ([Redacted]) from the [Redacted] at or about 12:20 p.m. If no school is in session, Defendant to pick up J.S. ([Redacted]) and S.S. ([Redacted]) from the Residence at 12 noon. It is understood and agreed by the Parties that S.S. ([Redacted]) attends therapy at 12:30 p.m. until 1:30 p.m. Defendant's parenting time with J.S. ([Redacted]) and S.S. ([Redacted]) to continue until 3:30 p.m. when J.S. ([Redacted]) and S.S. ([Redacted]) are to be returned to the Residence.

ii. Defendant to pick up J.S. ([Redacted]) and J.S. ([Redacted]) from the Residence at 3:30 p.m. Defendant's parenting time to continue until 6:30 p.m. when J.S. ([Redacted]) and J.S. ([Redacted]) are to be returned to the Residence. It is understood and agreed by the Parties that J.S. ([Redacted]) attends a Gymnastics program from 2:45 p.m. through 3:30 p.m.

iii. Defendant's parental access in accordance with paragraphs (i) and (ii) above shall take place at such locations in Westchester County as agreed upon between Defendant and CFS away from the Residence except as to the relevant pick-up and drop-off periods, set forth above.

c. Alternating weekend day visits on Saturday and the immediately ensuing Sunday. On Saturday the access will be from 12:00 p.m. noon through and until the earlier of the Children's bedtime or 9:00 p.m., with such parental access to take place at a location in Westchester County away from the Residence as agreed upon between Defendant and CFS. The Parties acknowledge and agree that J.S. ([Redacted]) currently participates in a theater program until 1:15 p.m. on Saturdays and at the conclusion of the theater program shall be transported by Defendant and a CFS supervisor or a nanny, at Defendant's election, to a location in Westchester County where Defendant is exercising parental access. The Defendant, the Children and the CFS supervisor shall return to the Residence at 7:00 p.m. for the Children's bedtime and Defendant shall leave the Residence upon the earlier to occur of the Children going to bed or 9:00 p.m. Defendant shall only enter the Children's bedrooms, kitchen area, living room, bathrooms and playroom(s). Defendant's Sunday parental access shall take place at a location in Westchester County' away from the Residence as agreed upon between Defendant and CFS and commence at noon and end at 7:00 p.m. with curbside drop-off at the Residence; and

d. Plaintiff shall make available for Defendant's use one of the Children's nannies during her parental access on Tuesdays, Thursdays and Fridays. However, one of the Children's nannies shall be present during Defendant's parental access occurring on a Saturday and Sunday as well as the supervisor.

ORDERED,that pending further order of the Court or agreement of the Parties, the Defendant shall be permitted to attend to the Children's school and extracurricular events that are open to parents so long as she has a CFS Supervisor present for the entirety of the event. Should the event occur during a period of time that does not encompass the Defendant's supervised parental access set forth herein, then she shall not visit with the Children during said event and instead shall limit her contact with the Children to incidental contact and a brief greeting so as to not interfere with the Plaintiffs access time. Should the event occur on the Defendant's supervised parental access time and should Plaintiff be present he shall limit his contact with the Children to incidental contact and a brief greeting so as to not interfere with the Defendant's supervised parental access time with the Children; and it is further

ORDERED,that it is understood and agreed by the Parties that on November 7, 2025 Defendant shall be permitted to attend a Shabbat/birthday celebration for J.S. ([Redacted]) to take place at the nursery school at the [Redacted] commencing at 10:00 a.m. and continuing thorough on or about 11:00 a.m.; and it is further

ORDERED,that it is understood and agreed by the Parties that on October 31, 2025 Defendant shall be permitted to be present at [Redacted] to attend the school's Halloween parade and subsequent concert, which events commence at about 8:30 a.m. Defendant shall depart the school upon the conclusion of the concert. In addition the Defendant shall be permitted to attend to [Redacted] for the purpose of attending parent-teacher conferences only on November 3, 2025 at 3:00 p.m. and 3:25 p.m. and shall not see or visit with the Children at that time; and it is further

ORDERED,that Defendant shall remain away from the Plaintiff's first floor office and third floor of the Residence at all times that she is permitted in the Residence as provided for herein. Plaintiff shall remain away from Defendant's first floor office. Neither party shall photograph, audio record or video record the other party at or in the other party's home. Neither party shall at any time direct or cause any of the nannies to audio or video record or take photographs of the Children or the other party; and it is further

ORDERED,that Defendant shall promptly depart from the Residence and the property after pick-up and drop-off at the Marital Residence; and it is further

ORDERED.Plaintiff shall update the family calendar on Our Family Wizard ("OFW") on each and every Friday, unless circumstances require a sooner update; and it is further

ORDERED,that Plaintiff shall seek Defendant's input regarding Major Decisions (Major Decision defined herein) regarding the Children at least forty-eight hours in advance of making a Major Decision. Defendant shall respond within twenty-four hours of her receipt of Plaintiff's communication, unless urgent circumstances require a Major Decision to be made sooner than forty-eight hours. In such instance. Plaintiff shall advise Defendant of the need for an expediated Major Decision and the time frame for which a decision has to be made. Major Decisions are defined as decisions regarding non-routine matters that affect the Children's education, religious training, health and medical treatments. Communications between the Parties to occur through OFW: and it is further

ORDERED, that Defendant shall be entitled to obtain information and access to records from the Children's medical providers, therapists, schools, educational consultants and educators, but Defendant shall not provide instructions or directions to such providers or entities; and it is further

ORDERED, that temporary orders of protection have issued in favor of Plaintiff and the Children and against Defendant coincident herewith (hereinafter referred to as the "TOP"). The TOP shall be a complete stay way and refrain from except to allow for:

(i) communication about access and welfare of the Children between the Parties to occur only by OFW;

(ii) allow for Defendant's parental access with the Children as reflected in this Order, including for the limited periods she is permitted in the Residence;

(iii) Allow for supervised Microsoft Teams Video Conferences between 6:30 p.m. and 7:00 p.m. on the days that Defendant does not have access with the Children. The call shall be initiated by Plaintiff; and it is further

ORDERED, that neither Party shall discuss with any of the Children the contents and/or findings of any Interim CFS Reports including but not limited to, the Reports dated September 15, 2025 and October 15, 2025; and it is further

ORDERED, that the expired passports for J.S. ([Redacted]), S.S. ([Redacted]) and J.S. ([Redacted]) shall remain in the possession of the AFC, [Redacted] Esq., pending further Court Order."

On June 16, 2026, Defendant filed a motion by order to show cause, being Motion Sequence No. 9,¹⁸ requesting the above-referenced Motion 9 Final Relief, and pending the determination of the Motion 9 Final Relief, requesting that this Court grant in its entirety the twenty-two (22) prongs of the Motion 9 Interim Relief. On the same date Plaintiff's counsel filed a letter to the Court,¹⁹ advising that counsel was preparing a letter in response to the requests for Motion 9 Interim Relief. This Court conformed Motion Sequence No. 9,²⁰ and after determining exigency, granted the Motion 9 Interim Relief outlined only in paragraphs 5, 16, 17, and 19, denying all remaining Motion 9 Interim Relief requested by the Defendant therein; and, thereafter providing a briefing schedule to both parties regarding the Motion 9 Final Relief requested, as follows: (1) Defendant to serve Motion Sequence No. 9 on NYSCEF by June 23, 2026; (2) answering submissions and/or cross motions are to be filed in response to Motion Sequence No. 9 by July 7, 2026; and, (3) any answering submissions to any cross motions filed are to be filed by July 21, 2026, also being the return date of Motion Sequence No. 9 and any cross motion filed, with no reply submissions accepted and no appearances required on the return date.

On June 16, 2026 and June 17, 2026, additional letters were filed by both Plaintiff and Defendant regarding the Motion 9 Interim Relief granted and denied in Motion Sequence No. 9.²¹

On June 18, 2026, an Order was entered by this Court,²² which confirmed the Motion 9 Interim Relief granted in Motion Sequence No. 9, and directed that oral argument regarding the entirety of the requested Motion 9 Interim Relief would take place on June 24, 2026.

On June 24, 2026 and June 25, 2026, back-to-back appearances were held wherein oral argument was received regarding the twenty-two (22) prongs of the Motion 9 Interim Relief requested in Motion Sequence No. 9 (hereinafter "Motion 9 Interim Relief Argument").

On July 9, 2026, following the Motion 9 Interim Relief Argument, this Court entered a decision and order (hereinafter "Motion 9 Interim Decision"),²³ which denied the Motion 9 Interim Relief in its entirety, finding that the allegations included therein did not rise to the level of an emergency situation which would permit this Court to grant such relief prior to a determination of the Motion 9 Final Relief, and without the possible need for a hearing to make such determinations.

On July 9, 2026, a separate Order was entered,²⁴ which granted Plaintiff's request to amend the briefing schedule for the Motion 9 Final Relief, as follows: (1) July 13, 2026 being the new deadline for the filing and service of answering submissions and/or cross-motions; and, (2) July 27, 2026, being the new deadline to file and serve any answering submissions to any cross-motions filed, also being the new return date of Motion Sequence No. 9 and any cross-motions filed, with no reply submissions being accepted and no appearances required on the return date.

On July 10, 2026, the attorney for the children (hereinafter "AFC") timely filed an answering submission  ²⁵ to Motion Sequence No. 9.

On July 13, 2026, Plaintiff timely filed opposition  ²⁶ to Motion Sequence No. 9. Thereafter, Defendant's counsel filed an unsworn letter (hereinafter "Defendant's Unsworn Reply Letter 1"),²⁷ which in sum and substance: acknowledged that Plaintiff was not entitled to a reply in further support of Motion Sequence No. 9; requested that this Court take judicial notice of additional documents not included as a part of the application within Motion Sequence No. 9; and, provided direct quotes from the document sought to be considered. Thereafter, the same date, Plaintiff's counsel filed an unsworn letter (hereinafter "Plaintiff's Unsworn Sur-Reply Letter"),²⁸ in opposition to the requests made in Defendant's Unsworn Reply Letter 1.

On July 28, 2026, Defendant filed a further motion by order to show cause, being Motion Sequence No. 12,²⁹ requesting the above-referenced Motion 12 Final Relief, and pending the determination of the Motion 12 Final Relief, requesting that this Court grant in its entirety the four (4) prongs of Motion 12 Interim Relief. On the same date, this Court conformed Motion Sequence No. 12,³⁰ denied all Motion 12 Interim Relief; and, thereafter provided a briefing schedule to both parties regarding the Motion 12 Final Relief requested, as follows: (1) Defendant to serve Motion Sequence No. 12 on NYSCEF by July 29, 2026; (2) answering submissions and/or cross motions were to be filed in response to Motion Sequence No. 12 by August 7, 2026; and, (3) any answering submissions to any cross motions filed were to be filed by August 14, 2026, also being the return date of Motion Sequence No. 12 and any cross motion filed, with no reply submissions accepted and no appearances required on the return date. Furthermore, the conformed order to show cause directed that the parties appear on July 30, 2026 at 9:00 a.m. for oral argument regarding the Motion 12 Interim Relief requested, which was later adjourned to August 3, 2026 at 9:00 a.m., by subsequent Order,³¹ due to the unavailability of the attorney for the child.

On July 29, 2026, Defendant's counsel filed a supplemental affirmation in support of sanctions against Plaintiff, and in further support of both Motion Sequence No. 12 and Motion Sequence No. 9 (hereinafter "Defendant's Supplemental Affirmation of Counsel"),³² as well as additional exhibits "S-V" that Defendant requests this Court review and consider in making determinations regarding Motion Sequence No. 12 and Motion Sequence No. 9 (hereinafter "Supplemental Exhibits").³³ On the same date, counsel for Plaintiff filed an unsworn letter (hereinafter "Plaintiff's Unsworn Letter in Opposition"),³⁴ opposing this Court's consideration of Defendant's Supplemental Affirmation of Counsel and the Supplemental Exhibits.

On August 3, 2026, a conference was held was held wherein oral argument was received from both parties and the attorney for the children regarding the four (4) prongs of Interim Relief requested in Motion Sequence No. 12 (hereinafter "Motion 12 Interim Relief Argument").

On August 4, 2026, this Court entered an Order,³⁵ granting Plaintiff's request for an enlargement of their time to file opposition and/or a cross motion regarding Motion Sequence No. 12 by three (3) days, with the added request that Defendant's time to file answering submissions to any cross motion filed also be enlarged by three (3) days, providing for a new briefing schedule of Motion Sequence No. 12 as follows: (1) answering submissions and/or cross motions were to be filed in response to Motion Sequence No. 12 by August 10, 2026; and, (2) any answering submissions to any cross motions filed were to be filed by August 17, 2026, also being the new return date of Motion Sequence No. 12 and any cross motion filed, with no reply submissions accepted and no appearances required on the return date.

On August 5, 2026, Defendant's counsel filed a further unsworn letter (hereinafter "Defendant's Unsworn Reply Letter 2"),³⁶ providing further argument regarding this Court's consideration of Defendant's Supplemental Affirmation of Counsel and the Supplemental Exhibits, in support of Motion Sequence Nos. 9 and 12.

On August 6, 2026, following the Motion 12 Interim Relief Argument, this Court entered a decision and order (hereinafter "Motion 12 Interim Decision"),³⁷ which denied the Motion 12 Interim Relief in its entirety, finding that the allegations included therein did not rise to the level of an emergency situation which would permit this Court to grant such relief prior to a determination of the Motion 12 Final Relief, and without the possible need for a hearing to make such determinations.

On August 10, 2026, the AFC timely filed an answering submission  ³⁸ to Motion Sequence No. 12.

On August 10, 2026, Plaintiff timely filed opposition  ³⁹ to Motion Sequence No. 12.

No further submissions were filed with the Court with respect to Motion Sequence No. 9 and Motion Sequence No. 12.

Legal Analysis

A. Supplemental Motion Papers Require Rejection.

New York State Civil Practice Law and Rules (hereinafter "CPLR") § 2214 sets forth the papers that a court may consider on motion, including specifying what types of documents may be filed, how relief may be requested, and limitations on the Court's consideration of filings:

"(a) Notice of motion. A notice of motion shall specify the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor. Relief in the alternative or of several different types may be demanded.

(b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time. Answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served at least seven days before such time if a notice of motion served at least sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one day before such time.

(c) Furnishing papers to the court. Each party shall furnish to the court all papers served by that party. The moving party shall furnish all other papers not already in the possession of the court necessary to the consideration of the questions involved. Except when the rules of the court provide otherwise, in an e-filed action, a party that files papers in connection with a motion need not include copies of papers that were filed previously electronically with the court, but may make reference to them, giving the docket numbers on the e-filing system. Where such papers are in the possession of an adverse party, they shall be produced by that party at the hearing on notice served with the motion papers. Only papers served in accordance with the provisions of this rule shall be read in support of, or in opposition to, the motion, unless the court for good cause shall otherwise direct.

(d) Order to show cause. The court in a proper case may grant an order to show cause, to be served in lieu of a notice of motion, at a time and in a manner specified therein. An order to show cause against a state body or officers must be served in addition to service upon the defendant or respondent state body or officers upon the attorney general by delivery to an assistant attorney general at an office of the attorney general in the county in which venue of the action is designated or if there is no office of the attorney general in such county, at the office of the attorney general nearest such county" [emphasis added].

Furthermore, it is well-settled that sur-reply papers and/or supplemental affidavits/affirmations are not explicitly permitted by CPLR § 2214, and as such, without prior permission or application for leave from the Court, these types of supplemental motion documents should be disregarded:

"Initially, defendants argue that Supreme Court erred in declining to consider their surreply papers. The record does not contain any support for their argument that the parties stipulated that defendants could submit such papers, nor that the court approved of such submissions. Surreply papers are not explicitly permitted by the statute that addresses motion papers. That statute provides for a notice of motion and supporting affidavits, answering affidavits and supporting papers, and any reply or responding affidavits (see CPLR 2214[b] ). The statute further states that "[o]nly papers served in accordance with the provisions of this rule shall be read in support of, or in opposition to, the motion, unless the court for good cause shall otherwise direct" (CPLR 2214[c] ). Under the circumstances, where the record does not indicate that defendants ever sought permission from the court to submit surreply papers, we cannot conclude that the court abused its discretion in disregarding defendant's surreply papers when deciding plaintiff's motion (see HSBC Bank USA, N.A. v. Roumiantseva, 130 AD3d 983, 985, 15 N.Y.S.3d 117 [2015]; compare Matter of Kennelly v. Mobius Realty Holdings LLC, 33 AD3d 380, 382, 822 N.Y.S.2d 264 [2006])" (BAC Home Loans Servicing, LP v. Uvino, 155 AD3d 1155 [3d Dept 2017]).

This rationale and interpretation of the CPLR applies not only to sur-replies, but any supplemental document attempted to be filed in further support or opposition of a motion, after papers have already been submitted by a party (see East Ramapo Central School District v. Student Bus Company, Inc., 65 Misc 3d 1228(A) [Sup Ct. Rockland Cnty 2019] [Trial Court disregarded a supplemental opposition to a pending motion, being a supplemental letter filed with the Court along with two additional exhibits, as such additional filing was not permitted pursuant to CPLR § 2214, and the party did not seek permission from the Court for such submission] see also Gross v. Herz Local Edition Corp., 72 AD3d 1518 [4th Dept 2010], quoting Paul v. Cooper, 45 AD3d 1485 [4th Dept 2007] ["Defendants' reply papers could not serve to supplement their initial moving papers inasmuch as it is well established that [t]he function of [reply papers] is to address arguments made in opposition to the position taken by the movant[s] and not to permit [them] to introduce new arguments in support of the motion"]).

The directives of the CPLR regarding what kind of papers can be filed and considered by the Court on motion practice work in concert with the Uniform Civil Rules for the Supreme Court and the County Court (hereinafter 22 NYCRR § 202), as set forth in 22 NYCRR § 202.8(c) which confirms this connection to CPLR § 2214:

"(c) The moving party shall serve copies of all affidavits and briefs upon all other parties at the time of service of the notice of motion. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law."

Additionally, the more recent addition of 22 NYCRR § 202.8-c confirms that expressed advanced permission is required for a Court to be able to consider post-submission motion papers, sur-replies and other supplemental motion documents:

"Sur-Reply and Post-Submission Papers.

Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument. Materials submitted in violation hereof will not be read or considered. Opposing counsel who receives a copy of materials submitted in violation of this Rule shall not respond in kind" [emphasis added].

Moreover, specific to motions filed by order to show cause, 22 NYCRR § 202.8-d makes clear that reply papers of any kind are not permitted to be considered on a motion by order to show cause, without advanced permission of the Court:

"Orders to Show Cause.

Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding. See Section 202.8-e. Absent advance permission of the court, reply papers shall not be submitted on orders to show cause" [emphasis added].

A trial Court does have some discretion for the acceptance of supplemental motion papers, including but not limited to sur-replies and supplemental affirmations. However, those limited situations have been accepted where applications have been made to the Court for permission to file such supplemental motion papers, providing good cause for such supplementation, showing a lack of prejudice to the opposing party by providing an opportunity to respond, and most importantly were used sparingly to clarify minimal issues, not being utilized to wholesale correct or supplement a party's moving/answering papers (see U.S. Bank Trust, N.A. v. Rudick, 156 AD3d 841 [2d Dept 2017]; Ostrov v. Rozbruch, 91 AD3d 147 [1st Dept 2012]).

Here, the Plaintiff and Defendant have both filed supplemental motion papers, being: Defendant's Unsworn Reply Letter 1, Plaintiff's Unsworn Sur-Reply Letter, Defendant's Supplemental Affirmation of Counsel and Supplemental Exhibits; Plaintiff's Unsworn Letter in Opposition; and, Defendant's Unsworn Reply Letter 2, all without advanced permission of this Court, in an attempt to supplement their positions both for and against the final relief sought in Motion Sequence Nos. 9 and 12.

With respect to Motion Sequence No. 9, it is apparent that Defendant's Unsworn Reply Letter 1, was essentially an improper reply submission directly disregarding this Court's directives, and the applicable law and Court rules. Further, Plaintiff's similar Unsworn Sur-Reply Letter was an improper sur-reply, and while counsel may argue that he was only responding to the improper filing by Defendant, 22 NYCRR § 202.8-c makes clear that such improper filings should not be responded to by the opposing party.

With respect to Motion Sequence No. 12, Defendant's counsel filed Defendant's Supplemental Affirmation of Counsel and Supplemental Exhibits before formal opposition to the motion could be filed. Again, there was no application seeking to file supplemental motion papers in furtherance of Motion Sequence No. 12, nor was there a carve-out in the briefing schedule for Motion Sequence No. 12 for such supplemental papers. In response to this supplemental filing, Plaintiff filed Plaintiff's Unsworn Letter in Opposition, rather than simply including such arguments within the sworn to and admissible opposition, subsequently filed with this Court. Lastly, to double-down on the disregard for this Court's directives, case law, statutes and Court rules, Defendant further filed Defendant's Unsworn Reply Letter 2, essentially being a reply submission to Plaintiff's Unsworn Letter in Opposition, all being filed before any admissible opposition papers were received by this Court.

The parties do not have the right to engage in mini motion practice in violation of the Court rules, applicable statutes and case law via unsworn, inadmissible and violative motion filings outside the scope of this Court's briefing schedule. Consequently, Defendant's Unsworn Reply Letter 1, Plaintiff's Unsworn Sur-Reply Letter, Defendant's Supplemental Affirmation of Counsel and Supplemental Exhibits; Plaintiff's Unsworn Letter in Opposition; and, Defendant's Unsworn Reply Letter 2 have all been disregarded by this Court in consideration of Motion Sequence No. 9 and Motion Sequence No. 12.

B. Issues of Fact Require Hearing.

Based upon the submissions made to this Court, this Court finds that the existence of multiple issues of fact prevents a determination being made on submission and that the relief requested in both Motion Sequence No. 9 and Motion Sequence No. 12 must be made following a hearing to be scheduled at a conference to be held before this Court as set forth herein.

Accordingly, it is hereby

ORDERED that a decision regarding the relief sought in Motion Sequence Nos. 9 and 12 shall be made following a hearing to be scheduled at a status conference, to be held on October 14, 2026, at 9:00 a.m., wherein all parties and counsel shall appear in person; and it is further

ORDERED that by September 28, 2026, Defendant's counsel, shall serve a copy of this Decision and Order with Notice of Entry on Plaintiff and the AFC via NYSCEF filing; and by that date, shall file a copy of the Notice of Entry and Affidavit of Service; and it is further

The foregoing constitutes the Decision and Order of the Court.

Dated: September 25, 2026

White Plains, New York

ENTER:

HON. JAMES L. HYER, J.S.C.

FOOTNOTES

1.    See, NYSCEF Doc. Nos. 1.

2.    See, NYSCEF Doc. No. 1, Pg. 5 ¶ 3.

3.    See, NYSCEF Doc. Nos. 7-8.

4.    See, NYSCEF Doc. Nos. 2-6.

5.    See, NYSCEF Doc. No. 11.

6.    See, NYSCEF Doc. No. 18.

7.    See, NYSCEF Doc. No. 17.

8.    See, NYSCEF Doc. Nos. 113-132.

9.    See, NYSCEF Doc. No. 135.

10.    See, NYSCEF Doc. No. 140.

11.    See, NYSCEF Doc. No. 139.

12.    See, NYSCEF Doc. No. 144.

13.   This Court notes that on August 29, 2025, an Amended Interim Order of Custody and Access was filed as NYSCEF Doc. No. 154, which simply changed the way supervised virtual contact between Defendant and the Children would take place, being "Microsoft TEAMS video conference" in lieu of "OFW Zoom," with no further changes being made to the August, 2025 Interim Custody Agreement.

14.   See, NYSCEF Doc. No. 166.

15.    See, NYSCEF Doc. No. 172.

16.    See, NYSCEF Doc. No. 192.

17.    See, NYSCEF Doc. No. 203.

18.    See, NYSCEF Doc. Nos. 1429-1458.

19.    See, NYSCEF Doc. No. 1459.

20.    See, NYSCEF Doc. No. 1460.

21.    See, NYSCEF Doc. Nos. 1461-1463.

22.    See, NYSCEF Doc. No. 1464.

23.    See, NYSCEF Doc. No. 1515.

24.    See, NYSCEF Doc. No. 1517.

25.    See, NYSCEF Doc. No. 1523.

26.    See, NYSCEF Doc. Nos. 1524-1532.

27.    See, NYSCEF Doc. No. 1534.

28.    See, NYSCEF Doc. No. 1535.

29.    See, NYSCEF Doc. Nos. 1550-1573.

30.    See, NYSCEF Doc. No. 1576.

31.    See, NYSCEF Doc. No. 15.

32.    See, NYSCEF Doc. No. 1581.

33.    See, NYSCEF Doc. Nos. 1582-1585.

34.    See, NYSCEF Doc. No. 1587.

35.    See, NYSCEF Doc. No. 1606.

36.    See, NYSCEF Doc. No. 1608.

37.    See, NYSCEF Doc. No. 1609.

38.    See, NYSCEF Doc. No. 1611.

39.    See, NYSCEF Doc. Nos. 1612-1637.

James L. Hyer, J.