Michael Colin Barrows and the team at Barrows Levy PLLC have secured a significant victory in the New York Appellate Division, Second Department—one that reinforces a critical principle in family law: when facts are disputed, courts must hold a full hearing before making decisions that affect children’s lives.
The Decision
In a contested custody and relocation matter, the appellate court reversed a lower court order that had denied a request to modify custody and relocate—without first conducting an evidentiary hearing.
The appellate panel held that this was improper where key facts were in dispute. Instead, the court made clear that a full evidentiary hearing is required to ensure a fair and complete evaluation—particularly when determining a child’s best interests.
The case has now been sent back to the trial court for further proceedings, including that hearing.
Why This Matters
This ruling is not just a win for one client—it sends a broader message about fairness in family law proceedings.
Custody and relocation cases often turn on nuanced, fact-intensive issues such as parenting roles, living arrangements, and the educational and emotional impact on the child.
When courts decide these issues without hearing testimony or examining evidence in depth, critical context can be lost.
The appellate court emphasized that summary denials in contested custody matters risk undermining due process and preventing meaningful consideration of a child’s best interests.
Key Takeaways from the Ruling
- Evidentiary hearings are essential when facts are disputed
- Due process must be protected, even in high-volume family courts
- Children’s best interests require a full factual record
- Courts should not resolve complex custody issues on paper alone
The court also directed that an attorney be appointed for the children, ensuring their independent interests are represented moving forward.
A Strategic Appellate Victory
This outcome reflects a core strength of Barrows Levy’s practice: identifying procedural errors that materially impact outcomes—and successfully challenging them on appeal.
By focusing on the lack of due process and the absence of a hearing, the firm was able to secure a reversal and give the client a meaningful opportunity to present their case fully.
What Happens Next
The case now returns to the trial court, where a full evidentiary hearing will be conducted, both sides will present testimony and evidence, and the court will make a new determination based on a complete record.
Final Thoughts
Family law decisions shape the daily lives of children and parents. This ruling underscores that those decisions must be made carefully, thoroughly, and fairly.
For clients facing custody or relocation disputes, it’s a powerful reminder: process matters—and when it’s not followed, it can be challenged and corrected.
To read the decision, click here.
