Bill Text: NY A00487 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires orders of custody to state whether law enforcement is authorized to remove a child or children in order to comply with and enforce such orders.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to judiciary [A00487 Detail]

Download: New_York-2023-A00487-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           487

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M. of A. PAULIN, OTIS, SAYEGH, AUBRY, BUTTENSCHON, DICK-
          ENS, STIRPE, WILLIAMS, MORINELLO, DeSTEFANO, McDONOUGH, MILLER, REILLY
          -- Multi-Sponsored by -- M.  of  A.  J. M. GIGLIO  --  read  once  and
          referred to the Committee on Judiciary

        AN  ACT  to  amend  the  family court act, in relation to the removal of
          children by orders of custody

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
     2  court  act, as amended by chapter 295 of the laws of 2009, is amended to
     3  read as follows:
     4    4. Notifying counsel and issuing orders. Upon consideration  of  deci-
     5  sions  pursuant  to  article  ten  of this act, and registry reports and
     6  notifying counsel involved in the proceeding, or in the event of a self-
     7  represented party, notifying such party of the results thereof,  includ-
     8  ing  any  court  appointed  attorney for children, the court may issue a
     9  temporary, successive temporary or final order of custody or visitation.
    10  Such orders, when relevant,  shall  state  whether  law  enforcement  is
    11  authorized  to  remove the child or children in order to comply with and
    12  enforce said orders.
    13    § 2. Subdivisions (a) and (b) of section 652 of the family court  act,
    14  as  amended  by  chapter  40 of the laws of 1981, are amended to read as
    15  follows:
    16    (a) When referred from the supreme court  to  the  family  court,  the
    17  family  court  has  jurisdiction  to  determine,  with  the  same powers
    18  possessed by the supreme court, applications to fix temporary or  perma-
    19  nent  custody and applications to modify judgments and orders of custody
    20  or  visitation  in  actions  and  proceedings  for  marital  separation,
    21  divorce, annulment of marriage and dissolution of marriage. Applications
    22  to  modify  judgments and orders of custody may be granted by the family
    23  court under this section only upon the showing to the family court  that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02142-01-3
        A. 487                              2

     1  there  has  been a subsequent change of circumstances and that modifica-
     2  tion is required. Such determinations, including modifications of  judg-
     3  ments  or  orders  of  custody,  when  relevant, shall state whether law
     4  enforcement  is  authorized  to remove the child or children in order to
     5  comply with and enforce court judgments or orders. 
     6    (b) In the event no such referral has been made and unless the supreme
     7  court provides in the order or judgment awarding custody  or  visitation
     8  in  an  action  for  divorce,  separation  or  annulment, that it may be
     9  enforced or modified only in the supreme court, the  family  court  may:
    10  (i)  determine  an application to enforce the order or judgment awarding
    11  custody or visitation, or (ii) determine an application  to  modify  the
    12  order  or  judgment  awarding  custody or visitation upon a showing that
    13  there has been a subsequent change of circumstances and modification  is
    14  required.  Such  determinations, including modifications of judgments or
    15  orders of custody, when relevant, shall state whether law enforcement is
    16  authorized to remove the child or children in order to comply  with  and
    17  enforce court judgments or orders.
    18    § 3. This act shall take effect immediately.