Opinion
February 3, 1995
Appeal from the Erie County Family Court, O'Donnell, J.
Present — Denman, P.J., Green, Balio, Callahan and Boehm, JJ.
Order unanimously reversed on the law without costs, petition granted and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum:
Family Court erred in denying petitioner visitation with his three children. "The denial of visitation to a noncustodial parent constitutes such a drastic remedy that it should be ordered only when there are compelling reasons, and there must be substantial evidence that such visitation is detrimental to the children's welfare" (Vasile v. Vasile, 116 A.D.2d 1021). The record shows that petitioner was not consistent in adhering to the original visitation schedule and that his inconsistency upset the oldest child. That evidence does not warrant the drastic remedy of denying all visitation between petitioner and the children (see, Matter of Eric L. v. Dorothy L., 130 A.D.2d 660). In light of the time that has elapsed since the suspension of visitation, petitioner's past inconsistency with the visitation schedule, the oldest child's apprehension about seeing petitioner and the recommendations of the Law Guardians and the Forensic Mental Health Service, we conclude that the best interests of the children would be served by supervised visitation at a neutral site (see, Fuerst v. Fuerst, 131 A.D.2d 426, 427; Rubin v. Rubin, 95 A.D.2d 851, appeal dismissed 60 N.Y.2d 964). Therefore, we remit the matter to Erie County Family Court for a determination of the terms and conditions of supervised visitation with the three children (see, Matter of Eric L. v. Dorothy L., supra).