What is the current state of the law for modifying and vacating orders of disposition?

"New York", United States of America

The following excerpt is from Robert H., Matter of, 383 N.Y.S.2d 813, 87 Misc.2d 26 (N.Y. Fam. Ct. 1976):

The present system for modifying and vacating orders of disposition poses no undue hardship upon parent-petitioners while at the same time it protects troubled youngsters from being arbitrarily removed from treatment programs by parents with motives other than the best interests of the child. A child has the right to be guided and protected by an enlightened society, and not to be subjected to the caprice of parents whose motives are often questionable at best. Against the parents' claim of authority in their own household and in the rearing of their children, interests basic in a democracy, stand the interests of society to protect the welfare of children. This 'is no mere corporate concern of official authority. It is the interest of youth itself, and of the whole community, that children be both safeguarded from abuse and given opportunities for growth into free and independent well-developed men and citizens.' (Prince v. Massachusetts, 321 U.S. at 165, 64 S.Ct. at 442).

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