The Lingering Effect of Covid-19 on NYC Family Law Courts

 

This post is provided by Holden Deres, Regent Law 2L and current Family Law student:

          Before Covid, there were around fifty-six judges to handle over two hundred thousand family law filings per year in New York City. With an already heavy caseload, NYC family law courts were severely hit with problems during and continuing through the pandemic. The Court is behind on technological advances – they have no option to file electronically. Because of this, the family law courts had an even tougher time with handling the pandemic than other courts. New York City’s State Office of Court Administration spokesman Lucian Chalfen stated that, "There is no question that of all of the courts, the NYC Family Court, which has crushing caseloads and so many litigants who are not represented by counsel, has struggled the most during the pandemic.”

          With the heavy caseload and backup of filings from Covid, court dates are being pushed back and delayed. There have now been reports of domestic abuse victims who have failed to come forward because they do not think they will be able to collect child support. Without being able to collect, victims are choosing to stay with their abusers. The court dates are so severely pushed back that by the time victims would get their support judgments, they may be too deep in a financial hole for the law to make a difference.

          A woman named Cieanne Everett has gone through terrible misfortune while dealing with the family law court system. Everett had a court date in August 2021 to evaluate the child support payments she was receiving. She unfortunately had technical issues with zoom and missed her court date – her case was dismissed. She arrived for a court date in December 2021 to get her $146 per month child support payment reinstated; however, she was not on the schedule. Everett’s court date was in fact not until December 2022.

          Because of the backup with filings, the Court decided to put priority on cases they deemed “essential.” Adoption cases are not on this essential list. This has given much longer waiting periods for families and children who are in the adoption process.

          This backup in the NYC family law courts is just one small issue that has arisen from Covid. It hopefully can get its needed attention and solutions because it is causing potential serious damage to families in NYC. Domestic abuse, child support, and adoptions are all serious family issues that deserve to be heard in a quicker fashion than what is occurring now. Hopefully NYC can improve their technology to allow for online filings, and figure out more ways to hear more cases to break this logjam.  That's what is needed for family restoration.