default judgement

[CRAIG]

default judgment

Can you receive a default judgment in NY State Family Court if you missed an court date but your attorney was there? Isn't your attorney being there like you being present and therefore they should have went on with the custody trial? I read an appeals decision somewhere that ruled in favor of the father because of him not getting his due process and this decision (default) was not in the best interest of the child.

 

[Michael Wechsler]

Re: default judgment

I think this all depends upon whether your appearance is required. The easiest example is that if you have a hearing where you must provide testimony, e.g. custody hearing, then your attorney cannot testify for you. If it is merely procedural then your appearance might not be necessary. If you are supposed to appear and do not the court might view the party as irresponsible to boot...

Originally posted by CRAIG
Can you receive a default judgment in NY State Family Court if you missed an court date but your attorney was there? Isn't your attorney being there like you being present and therefore they should have went on with the custody trial? I read an appeals decision somewhere that ruled in favor of the father because of him not getting his due process and this decision (default) was not in the best interest of the child.