Majority
—In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Segal, J.), dated May 6, 1998, which, after a hearing, inter alia, denied his application for visitation.
Ordered that the order is modified, on the law, by deleting the provision thereof which directed that a re-application for visitation rights must be accompanied by proof of participation in additional psychiatric therapy; as so modified, the order is affirmed, without costs or disbursements.
Contrary to the father’s contentions, the acts of domestic violence perpetrated against the mother demonstrated that he possessed a character which is ill-suited to the difficult task of providing moral and intellectual guidance to the infant child (see, Matter of Irwin v Schmidt, 236 AD2d 401 , 402; Matter of Rohan v Rohan, 213 AD2d 804 , 806). Accordingly, based upon the evidence of the father’s physical and verbal abuse of the mother, the Family Court’s denial of the petition for visitation, with leave to renew, had a sound basis and therefore should not be disturbed (see, Matter of Chiofalo v Bertolino, 233 AD2d 440 ).
Cases cited
- Irwin v. Schmidt 236 AD2d 401 at 402 p. 308
- Rohan v. Rohan 213 AD2d 804 at 806 p. 308
- Cooper v. Wolkowitz 215 AD2d 380 p. 309
- Jones v. Jones 185 AD2d 228 at 230 p. 309
- Nacson v. Nacson 166 AD2d 510 p. 309