Safah v. Safah

In Safah v. Safah, N.Y.L.J. 1/8/92, p. 26 (col. 5) (Sup. Ct. Suffolk Co.) the court denied the husband any equitable distribution on the ground that he had engaged in egregious fault by denying the wife access to the parties children After fleeing with the children to Lebanon, the husband continued to thwart the wife's visitation (even in Lebanon) with her children. (The husband) and his family continually brain-washed the children in regard to their mother stating that she is a bad woman," "caused all the problems" The court found that such "premeditated and planned conduct is equivalent to ... physical abuse ... and amounts to egregious marital misconduct and accordingly granted the wife 100 percent of the marital assets. As the court stated: The husband has an aberrant necessity to prevent the wife from seeking, being with, enjoying the community of and participating in the maturation of her children. This continuing behavior falls directly within the case law which allows the court discretion to award all of the property subject to equitable distribution to the wife.