Bill Text: NY A06848 | 2019-2020 | 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 18-8)

Status: (Introduced) 2019-03-21 - referred to judiciary [A06848 Detail]

Download: New_York-2019-A06848-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6848
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 21, 2019
                                       ___________
        Introduced  by  M. of A. PAULIN, JAFFEE, BUCHWALD, OTIS, SAYEGH, MOSLEY,
          ARROYO,  AUBRY,  BLAKE,  BUTTENSCHON,  DICKENS,  D'URSO,  ENGLEBRIGHT,
          PICHARDO, STIRPE, WILLIAMS, MONTESANO, MORINELLO, DeSTEFANO, LAWRENCE,
          McDONOUGH, B. MILLER, REILLY -- Multi-Sponsored by -- M. of A. GIGLIO,
          WRIGHT -- 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.
                                                                   LBD10822-01-9

        A. 6848                             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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