WHAT IS AN INTIMATE RELATIONSHIP FOR FAMILY COURT TO EXERCISE JURISDICTION

A.S. v. Goldberg, NYLJ September 18, 2020,  Date filed: 2020-09-14, Court: Family Court, Nassau,  Judge: Judge Linda Mejias:

"“The Family Court is a court of limited jurisdiction, constrained to exercise only those powers conferred upon it by the New York Constitution or by statute” (Cambre v. Kirton, 130 A.D.3d 926 [2nd Dept. 2015], citing Matter of H.M. v. E.T., 14 N.Y.3d 521, 526 [210]).

Family Court Act §812 prescribes the acts and types of relationships over which the family court has jurisdiction. Relevant to the case at bar, FCA §812(1)(e), establishes jurisdiction over “persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors the court may consider in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”.

Here, it is not alleged that the Petitioner and the Respondent have ever lived together, nor are they related by blood or marriage. It is, however, unrefuted that the Respondent resides with the Petitioner’s children as stepfather and stands in loco parentis. It is further unrefuted that the Respondent has had frequent and consistent contact with the Petitioner regarding matters related to the Children. Accordingly, the unrefuted allegations in this matter are sufficient to establish an “intimate relationship” between the Petitioner (the Children’s parent) and the Respondent (the Children’s stepparent) (see, Winston v. Edwards-Clarke, 127 A.D.3d at 773)."