In Matter of Christian O. v. Juan O. , Christian and Juan's father was accused of neglecting them.
When Christian came home past his curfew, his dad kicked him in the ankle. (Christian didn't require medical care, nor was there any evidence his father had previously disciplined the children by use of physical force.)
After the New York County Family Court ordered the children released to their mother, an appeal ensued.
The Appellate Division, First Department, found there wasn't enough evidence to support a finding of neglect. It noted "[w]hile losing one's temper does not excuse striking and injuring one's child, one such event does not necessarily establish ... neglect."
O, we're tired of kicking that one around.
To download a copy of the Appellate Division's decision, please use this link: Matter of Christian O. v. Juan O.