Bill Text: NY A01179 | 2021-2022 | General Assembly | Introduced


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) 2021-01-07 - referred to judiciary [A01179 Detail]

Download: New_York-2021-A01179-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1179

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by  M. of A. PAULIN, OTIS, SAYEGH, AUBRY, BUTTENSCHON, DICK-
          ENS, ENGLEBRIGHT, PICHARDO, 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 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 shall state whether law enforcement is authorized to remove
    11  the child or children in order to comply with and enforce said orders.
    12    § 2. Subdivisions (a) and (b) of section 652 of the family court  act,
    13  as  amended  by  chapter  40 of the laws of 1981, are amended to read as
    14  follows:
    15    (a) When referred from the supreme court  to  the  family  court,  the
    16  family  court  has  jurisdiction  to  determine,  with  the  same powers
    17  possessed by the supreme court, applications to fix temporary or  perma-
    18  nent  custody and applications to modify judgments and orders of custody
    19  or  visitation  in  actions  and  proceedings  for  marital  separation,
    20  divorce, annulment of marriage and dissolution of marriage. Applications
    21  to  modify  judgments and orders of custody may be granted by the family
    22  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.
                                                                   LBD02060-01-1

        A. 1179                             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,  shall  state whether law enforcement is
     4  authorized  to  remove the child or children in order to comply with and
     5  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, shall state whether law enforcement is authorized  to
    16  remove  the  child or children in order to comply with and enforce court
    17  judgments or orders.
    18    § 3. This act shall take effect immediately.
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