Bill Text: NY S00165 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes the court to require a non-custodial parent, when the court reasonably determines that there is a risk of flight, to post a bond to ensure return of a child in custody and visitation orders; provides that the amount of the bond shall be determined based on all of the facts and circumstances available to the court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-20 - COMMITTEE DISCHARGED AND COMMITTED TO CHILDREN AND FAMILIES [S00165 Detail]
Download: New_York-2009-S00165-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 165 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services, Children and Families AN ACT to amend the domestic relations law and the family court act, in relation to requiring posting of a bond in custody proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 240 of the domestic relations law is amended by 2 adding a new subdivision 6 to read as follows: 3 6. POSTING OF BOND. AS PART OF A CHILD SUPPORT ORDER, IN ANY CASE 4 WHERE THE COURT REASONABLY DETERMINES THAT THERE IS A RISK THAT A 5 NONCUSTODIAL PARENT MAY FLEE, THE COURT MAY ORDER THE NONCUSTODIAL 6 PARENT TO POST A BOND IN AN AMOUNT DETERMINED BY THE COURT, TO ENSURE 7 THAT ANY CHILD SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT 8 AT THE END OF ANY VISITATION PERIOD PROVIDED FOR THEREIN. THE AMOUNT OF 9 SUCH BOND SHALL BE BASED UPON ALL THE FACTS AND CIRCUMSTANCES AVAILABLE 10 TO THE COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD. 11 S 2. Section 447 of the family court act is amended by adding a new 12 subdivision (c) to read as follows: 13 (C) AS PART OF ANY ORDER UNDER THIS SECTION, IN ANY CASE WHERE THE 14 COURT REASONABLY DETERMINES THAT THERE IS A RISK THAT A NONCUSTODIAL 15 PARENT MAY FLEE, THE COURT MAY ORDER THE NONCUSTODIAL PARENT TO POST A 16 BOND IN AN AMOUNT DETERMINED BY THE COURT, TO ENSURE THAT ANY CHILD 17 SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT AT THE END OF 18 ANY VISITATION PERIOD PROVIDED FOR THEREIN. THE AMOUNT OF SUCH BOND 19 SHALL BE BASED UPON ALL THE FACTS AND CIRCUMSTANCES AVAILABLE TO THE 20 COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD. 21 S 3. Section 467 of the family court act is amended by adding a new 22 subdivision (d) to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02048-01-9 S. 165 2 1 (D) AS PART OF A DETERMINATION OF AN APPLICATION PURSUANT TO THIS 2 SECTION, IN ANY CASE WHERE THE COURT REASONABLY DETERMINES THAT THERE IS 3 A RISK THAT A NONCUSTODIAL PARENT MAY FLEE, THE COURT MAY ORDER THE 4 NONCUSTODIAL PARENT TO POST A BOND IN AN AMOUNT DETERMINED BY THE COURT, 5 TO ENSURE THAT ANY CHILD SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTO- 6 DIAL PARENT AT THE END OF ANY VISITATION PERIOD PROVIDED FOR THEREIN. 7 THE AMOUNT OF SUCH BOND SHALL BE BASED UPON ALL THE FACTS AND CIRCUM- 8 STANCES AVAILABLE TO THE COURT IN ASSESSING WHAT IS IN THE BEST INTEREST 9 OF THE CHILD. 10 S 4. Section 549 of the family court act is amended by adding a new 11 subdivision (c) to read as follows: 12 (C) AS PART OF AN ORDER UNDER THIS SECTION, IN ANY CASE WHERE THE 13 COURT REASONABLY DETERMINES THAT THERE IS A RISK THAT A NONCUSTODIAL 14 PARENT MAY FLEE, THE COURT MAY ORDER THE NONCUSTODIAL PARENT TO POST A 15 BOND IN AN AMOUNT DETERMINED BY THE COURT, TO ENSURE THAT ANY CHILD 16 SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT AT THE END OF 17 ANY VISITATION PERIOD PROVIDED FOR THEREIN. THE AMOUNT OF SUCH BOND 18 SHALL BE BASED UPON ALL THE FACTS AND CIRCUMSTANCES AVAILABLE TO THE 19 COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD. 20 S 5. Section 651 of the family court act is amended by adding a new 21 subdivision (f) to read as follows: 22 (F) AS PART OF ANY DETERMINATION UNDER THIS SECTION, IN ANY CASE WHERE 23 THE COURT REASONABLY DETERMINES THAT THERE IS A RISK THAT A NONCUSTODIAL 24 PARENT MAY FLEE, THE COURT MAY ORDER THE NONCUSTODIAL PARENT TO POST A 25 BOND IN AN AMOUNT DETERMINED BY THE COURT, TO ENSURE THAT ANY CHILD 26 SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT AT THE END OF 27 ANY VISITATION PERIOD PROVIDED FOR THEREIN. THE AMOUNT OF SUCH BOND 28 SHALL BE BASED UPON ALL THE FACTS AND CIRCUMSTANCES AVAILABLE TO THE 29 COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD. 30 S 6. Section 652 of the family court act is amended by adding a new 31 subdivision (d) to read as follows: 32 (D) IN ANY DETERMINATION OF AN APPLICATION PURSUANT TO THIS SECTION, 33 IN ANY CASE WHERE THE COURT REASONABLY DETERMINES THAT THERE IS A RISK 34 THAT A NONCUSTODIAL PARENT MAY FLEE, THE COURT MAY ORDER THE NONCUSTO- 35 DIAL PARENT TO POST A BOND IN AN AMOUNT DETERMINED BY THE COURT, TO 36 ENSURE THAT ANY CHILD SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL 37 PARENT AT THE END OF ANY VISITATION PERIOD PROVIDED FOR THEREIN. THE 38 AMOUNT OF SUCH BOND SHALL BE BASED UPON ALL THE FACTS AND CIRCUMSTANCES 39 AVAILABLE TO THE COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE 40 CHILD. 41 S 7. This act shall take effect on the first of November next succeed- 42 ing the date on which it shall have become a law.