Toby Kleinman

September 21, 2023 | New York Law Journal

Where a judge, absent a jury has listened to the testimony, heard the evidence, determined the credibility of parties and witnesses, and made a determination in a child custody case, one may wonder if continuing on a case thereafter dealing with similar issues, opens the door for a reasonable person to question a judge's ability to remain impartial.

By Toby Kleinman and Daniel Pollack

9 minute read

July 11, 2023 | New York Law Journal

Part of a duty of a parent in keeping their child safe from harm is to protect them even where the other parent presents that risk of harm. Courts can be expected to do no less. Whether the court's failure is due to the counterintuitive nature of domestic violence, poor judicial training, untrained attorneys or some other reason, oversight and accountability during the course of these decisions is essential.

By Toby Kleinman

13 minute read

June 23, 2023 | New York Law Journal

Parens Patriae refers to the power of the state to intervene against an abusive or negligent parent, and to act as the parent of any child in need of protection. This article is a call for legislation to be created to assure parens patriae oversight by the court. The author writes: "It is time for legislation to be enacted to assure that judges who are charged with child protection take action to actually protect children in their role as parens patraie."

By Toby Kleinman

9 minute read

June 08, 2023 | New York Law Journal

There are times when unmarried partners are uncertain about paternity, a single or divorced mother wants or needs to seek child support, or a man seeks parenting time with a child he believes he fathered. It is under these circumstances that paternity of the child may need to be legally established. Where there is domestic violence there are numerous special issues to be considered.

By Daniel Pollack and Toby Kleinman

5 minute read

May 22, 2023 | New York Law Journal

Where there is domestic violence or allegations of child abuse this broad statutory power by the court may be problematic and revisions may need to be considered by the legislature, limiting a judge's discretion.

By Toby Kleinman

11 minute read

April 27, 2023 | New York Law Journal

Obtaining a domestic violence restraining order may require only the testimony of a single incident, but the history of the relationship is imperative and provides context, write contributors Toby Kleinman and Daniel Pollack.

By Toby Kleinman and Daniel Pollack

8 minute read

February 10, 2023 | New York Law Journal

When parents separate, absent contraindications, the roles of the parents should continue as much as possible. Why? For the stability of the children, and because the way the parents have allotted their respective roles—absent domestic violence—indicates that the status quo ante should be presumed to be in their child's best interests.

By Toby Kleinman and Daniel Pollack

5 minute read

December 13, 2022 | New York Law Journal

This article posits that, where the appointment of a GAL is on behalf of the court, rather than to represent what the child wants as a party to the action, the appointment creates a circumstance that may be unconstitutional and a violation of an individual party's rights.

By Toby Kleinman and Daniel Pollack

12 minute read

October 11, 2022 | New York Law Journal

Attorneys must carefully scrutinize what a judge has said or done before making a motion for recusal, but one should not fear making such a motion where it is appropriate.

By Toby Kleinman and Daniel Pollack

7 minute read

August 25, 2022 | New York Law Journal

Going to court in a domestic violence matter is common. Whether this is done pro se or by using an attorney, sound knowledge about the trial process related to making objections is essential.

By Toby Kleinman and Daniel Pollack

8 minute read