Detailed answer (what typically happens in New York)

When a legal claim belongs to a person under 18 in New York, most personal-injury and other tort settlements that release the minor’s legal rights require judicial approval before the money is finally distributed. The court’s job is to protect the minor’s interests: to confirm the settlement is fair, to review attorney fees, and to order a safe way to hold or distribute the money (for example, a blocked account, structured settlement, or guardianship arrangement).

Who normally has to go to the hearing

• Parent(s) or legal guardian: In almost every case the parent or guardian who is signing the release will need to be present or available to the court.
• Attorney for the minor (plaintiff’s counsel): The child’s lawyer typically attends and presents the application to the court and answers questions about the settlement and fees.
• The minor: Whether the minor personally appears depends on age, maturity, and the judge’s preference. Older minors (commonly teens) are often asked to attend or at least appear by video so the judge can speak with them; for younger children the judge usually accepts affidavits.
• Guardian ad litem or fiduciary: If there is a conflict of interest between the parents and the minor, or if the court thinks the minor needs independent representation, the court may appoint a guardian ad litem or separate counsel who will attend the hearing.

What the court will review at the hearing

• Nature of the claim and injuries: The judge will want a short, clear statement of what the claim is and what injuries or losses the minor suffered.
• Settlement terms: The judge will examine the total amount, whether part is earmarked for specific bills (medical expenses, liens), and whether part goes to the minor as compensation for pain and suffering.
• Attorney fees and costs: The court reviews contingency-fee arrangements and litigation costs to determine whether they are reasonable. The judge can approve, reduce, or reallocate fees.
• Protection of funds: The judge will decide how the settlement funds will be held and released (blocked account, structured settlement, guardianship of the estate, etc.). The court will generally require secure measures so funds are preserved for the minor.
• Signatures and consents: The court will confirm that the person signing for the minor has authority (parent, guardian) and will verify any necessary consents from both parents if required by facts or local practice.

Typical paperwork the court expects

• Settlement agreement and release.
• Application or petition seeking court approval (often called a “petition to approve compromise” or similar document).
• Affidavits or affirmations: attorney’s affirmation detailing fees and costs, parent/guardian affirmation, and medical documentation supporting the claim.
• Proposed court order: an order for approval and directions for handling the funds.
• Proof of any liens (medical providers, health insurers) and proposed method of satisfying them.

What the hearing looks like in practice

Hearings to approve minor settlements are usually short. Once the judge has the file, the attorney or guardian presents the case, the judge may ask a few questions of counsel, the parent, and sometimes the minor. Questions typically probe whether the settlement amount is fair, whether the minor understands (if old enough), and how the funds will be protected. If the judge is satisfied, the judge signs an approval order and directs how the funds will be disbursed or deposited.

Timing and scheduling

Expect a delay between settlement and final distribution. The hearing itself can often be scheduled weeks after the settlement paperwork is filed so the court can review submitted materials and any lien holders can be notified. After approval, banks and insurers may still need time to process payments or set up blocked accounts.

Where the hearing happens

Minor settlement approval commonly takes place in the Supreme Court (the trial court for civil matters) in the county where the claim is pending, or in the county court if that is where the action is. Local court rules and practice vary, so your lawyer should confirm which court handles the approval in your case.

Legal authority and further reading

Procedures for approving settlements for infants and persons under disability are governed by New York civil procedure and local court practice. For the governing Civil Practice Law and Rules (CPLR) and related court rules see the New York statutes and the Unified Court System resources: for the CPLR, see https://www.nysenate.gov/legislation/laws/CPLR . For general information about New York courts, visit the New York State Unified Court System at https://www.nycourts.gov.

Short hypothetical example

Example: A 10-year-old injured in a car crash — parents and insurer agree to a $120,000 settlement. Plaintiff’s counsel files a petition asking the county Supreme Court to approve the compromise, including an affidavit listing medical bills of $20,000 and a proposed attorney fee of 33%. At the hearing the judge confirms the settlement is fair, approves a reduced fee if appropriate, signs an order directing the settlement check to be deposited in a blocked account until the child turns 18, and orders how liens are to be paid. The hearing took 20 minutes; the family and attorney attended; the child did not personally appear.

When a hearing might not be required or can be handled on papers

In some minor or contested cases judges will accept an application on submitted papers without an in-person hearing (especially in clear, routine situations or when local rules permit). Conversely, complex cases, disputes over fees, or conflicts between parents will usually require an in-person hearing.

Bottom line

If you are settling a claim for a minor in New York, plan on seeking court approval. The parent/guardian and the child’s attorney will normally appear. The minor’s personal appearance depends on age and the judge’s practice. The hearing is focused and brief — it exists to confirm the settlement is fair and that the child’s money will be protected.

Disclaimer: This information is educational only and does not constitute legal advice. It summarizes common New York practice and law but does not replace speaking with an attorney licensed in New York who can apply the law to your specific facts.

Helpful hints (quick checklist for a minor settlement approval in New York)

• Work with a New York attorney experienced in minors’ settlements — they will prepare the petition and proposed order and advise whether an appearance is required.
• Bring the original settlement agreement, proposed order, medical records and bills, and the attorney’s fee agreement to the hearing.
• Confirm with the court clerk whether the minor must attend; plan for the parent/guardian and the lawyer to be present in any event.
• Be ready to explain how liens (medical/insurance) will be paid and how the remaining funds will be secured.
• If parents are divorced or disagree, notify the court early — the judge may appoint a guardian ad litem for the child.
• Expect the judge to ask why the settlement is reasonable and to verify the attorney’s fee is fair relative to the recovery and work performed.
• Plan for time: obtaining approval and disbursing funds can take weeks even after the hearing.
• Ask the attorney about options for protecting the funds (blocked account, structured settlement, or guardianship of the estate) and the pros and cons of each.
• Keep records: court order, bank documents for blocked accounts, and any release paperwork — you will need them later.