Matter of Towle v Seth

Holding The court vacated the grant of the mother’s petition for modification of custody and relocation because the lower court failed to make specific findings on the relevant statutory factors. Additionally, the court reversed the finding that the father committed a family offense, determining that the evidence did not establish the requisite intent to harass.

The court’s words

failed to make findings regarding [the] relevant factors that must be considered in making such a determination

2026 NY Slip Op 04619, at the official text

the mother failed to meet her burden of establishing that the father engaged in a course of conduct with the intent to harass, alarm, or annoy her

2026 NY Slip Op 04619, at the official text

the record is devoid of any evidence of such acts and, thus, those allegations cannot properly be the basis of a family offense violation

2026 NY Slip Op 04619, at the official text