Bill Text: NY A01179 | 2021-2022 | General Assembly | Amended
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: Slight Partisan Bill (Democrat 11-7)
Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A01179 Detail]
Download: New_York-2021-A01179-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1179--A 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. PAULIN, OTIS, SAYEGH, AUBRY, BUTTENSCHON, DICK- ENS, ENGLEBRIGHT, STIRPE, WILLIAMS, MONTESANO, MORINELLO, DeSTEFANO, McDONOUGH, B. MILLER, REILLY, GRIFFIN -- Multi-Sponsored by -- M. of A. J. M. GIGLIO -- read once and referred to the Committee on Judici- ary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02060-02-1A. 1179--A 2 1 to modify judgments and orders of custody may be granted by the family 2 court under this section only upon the showing to the family court that 3 there has been a subsequent change of circumstances and that modifica- 4 tion is required. Such determinations, including modifications of judg- 5 ments or orders of custody, when relevant, shall state whether law 6 enforcement is authorized to remove the child or children in order to 7 comply with and enforce court judgments or orders. 8 (b) In the event no such referral has been made and unless the supreme 9 court provides in the order or judgment awarding custody or visitation 10 in an action for divorce, separation or annulment, that it may be 11 enforced or modified only in the supreme court, the family court may: 12 (i) determine an application to enforce the order or judgment awarding 13 custody or visitation, or (ii) determine an application to modify the 14 order or judgment awarding custody or visitation upon a showing that 15 there has been a subsequent change of circumstances and modification is 16 required. Such determinations, including modifications of judgments or 17 orders of custody, when relevant, shall state whether law enforcement is 18 authorized to remove the child or children in order to comply with and 19 enforce court judgments or orders. 20 § 3. This act shall take effect immediately.
