There is no place for legal arguments in Family Court in New York - forget your pesky law when you are in a court of law?

Last week I was told by a Family Court judge that Family Court is "not Supreme Court", and that making "alternative legal arguments" in Family Court is the equivalent of lying.


I have a copy of the official court recording where the judge says that, to protect myself against allegations of "lying" - again.


Actually, raising ALL legal issues you can on behalf of a client is attorney's duty to preserve the record for a possible appeal - and failure to do that may be actionable as attorney malpractice.


But, in Family Court, a court which has limited jurisdiction and is governed exclusively by a statute (legal rules), too many legal arguments somehow amounts to lying.  Of course, that "judicial opinion" is not supported by the Family Court Act. 


Moreover, lying - by definition - is not telling the truth about FACTS.  The distinction between facts and opinions is a basic distinction taught in elementary school.  Apparently, the judge, with high school, college, law school and at least 10 years of practice, does not appear to understand this distinction.


Therefore, there may not be any "lying" in advancing legal opinions on behalf of a client, especially where at issue are fundamental constitutional parental rights.


To me, any judge who intimidates an attorney by the nonsense that her legal arguments are somehow lying should be disciplined.