If the order of protection did not say that your ex was to stay away from the children, there isn't much you can do about the makeup time. However, if the children's lawyer and their counselor don't fee that visitation is in the best interests of the children at this time you would have to immediately file an appeal of the judge's decision and ask for a stay of the order of visitation based upon the law guardian's and counselor's positions. You can then bring a petition for a change of vistation in family court or a motion in supreme court to change the visitation. If you go to supreme court you can also move to consolidate the family court proceedings into the supreme court. Discuss all of the ins and outs with your attorney.
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Move to re-argue or appeal.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
If the order was clear regarding his not being able to have contact with even the children then I am not sure why the Judge has ruled this way. Your attorney can file an appeal but there is a certain amount of time in which they may do so.
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
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