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Case Notes
Divorcing Husband Cannot Witness Child's Birth
In what appears to be a case of first impression in New York, the court overseeing a couple's divorce has granted the wife's motion seeking to bar her husband from the delivery room when she gives birth to their child. B.T. v. E.T., 2016 N.Y. Misc. LEXIS 3186; 2016 NY Slip Op 26280 (9/2/16).
The parties commenced a divorce action in March 2016. The wife then filed an Order to Show Cause on Sept. 16, seeking an order enjoining the husband from being present in the delivery room when she gives birth to the parties' child. The husband not only objected to this proposition, but also complained that the opposing attorney failed to give proper notice of the wife's emergency application, as required by 22 New York Codes, Rules and Regulations (NYCRR) 202.7(f).
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