Matter of Monahan v Zindman

Holding The Family Court lacked subject matter jurisdiction to entertain the family offense petition because the parties did not share an intimate relationship as defined by statute. The court reversed the lower court’s order of fact-finding and disposition, dismissing the proceeding.

The court’s words

The Family Court is a court of limited jurisdiction, and thus, it 'cannot exercise powers beyond those granted to it by statute'

2026 NY Slip Op 05538, at the official text

the parties have no direct relationship and are connected only through a third party, who is the petitioner's former boyfriend and the appellant's son

2026 NY Slip Op 05538, at the official text

the parties never resided together and their contact with one another was minimal and related only to a few visits between the appellant and the petitioner's daughter

2026 NY Slip Op 05538, at the official text

the parties do not have an intimate relationship within the meaning of Family Court Act § 812(1)(e)

2026 NY Slip Op 05538, at the official text