A New York appellate court recently upheld a Family Court order that protects a child from harassment by a grandmother. The court ruled that an attorney for the child has the authority to file a family offense petition on behalf of the child. This decision is significant as it clarifies the role of attorneys in protecting children's rights in family law cases.

The case, titled Matter of Lockhart v. Monica (Docket No. 259 CAF 24-01514), was decided by the Appellate Division of the Supreme Court of the State of New York on June 5, 2026. The ruling came after the grandmother, Melissa Monica, appealed a Family Court order that directed her to stay away from the child due to her repeated harassment.

Background

The dispute began when the child's father filed a modification petition for custody against the child's mother in November 2022. The Family Court appointed an attorney for the child, Beth Lockhart, to represent the child's interests. During the custody proceedings, it was revealed that the grandmother had been making numerous calls to the police, requesting welfare checks on the child, which led to concerns about the child's well-being.

In February 2023, a court attorney referee suggested that the attorney for the child file a family offense petition against the grandmother for harassment. Following this recommendation, the attorney filed the petition, claiming that the grandmother's actions were causing distress to the child. The grandmother contested the petition, arguing that the attorney for the child lacked the authority to file such a petition since she was not a parent or guardian.

The Ruling

The appellate court, led by Justice Greenwood, unanimously affirmed the Family Court's order. The court ruled that the attorney for the child does have the authority to file a family offense petition on behalf of the child. Justice Greenwood stated, "We conclude that an attorney for the child has that authority and therefore affirm." This ruling clarifies that attorneys representing children can take action to protect their clients from family offenses, even against nonparents.

The court also addressed the grandmother's claims regarding jurisdiction, asserting that Family Court had the authority to issue an order of protection against her because she is the child's biological grandparent. The court noted that the Family Court Act allows for proceedings concerning harassment between family members, which includes grandparents.

Impact

This ruling has significant implications for family law in New York. It establishes that attorneys for children can advocate for their clients in family offense proceedings, thereby enhancing the legal protections available to minors. This decision empowers attorneys to act decisively in situations where a child's safety is at risk, ensuring that their voices are heard in legal matters affecting their well-being.

Furthermore, the court's affirmation of the stay-away order against the grandmother reinforces the importance of protecting children from harassment and undue stress. The ruling sets a precedent that may encourage more attorneys to engage actively in similar cases, knowing they have the backing of the court to file necessary petitions on behalf of their young clients.

What's Next

It is unclear whether the grandmother plans to appeal the decision further. However, the ruling sets a clear standard for future cases involving family offense petitions filed by attorneys for children. There are no related cases pending that were mentioned in the court filing.