A Nassau County judge has effectively blocked the marriage of a divorced mother of two boys and a convicted Level I sex offender by refusing to dissolve a stipulation forbidding the boys from ever being left alone with their mother’s boyfriend.

Jennifer Berger asked the court to vacate the January 2009 stipulation in her judgment of divorce from Robert Berger so she could marry Michael Diack. The stipulation, to which she had consented, requires that three adults be present any time that Mr. Diack is around the Bergers’ now 8- and 13-year-old sons.

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