Bill Text: NY S03157 | 2023-2024 | 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: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S03157 Detail]

Download: New_York-2023-S03157-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3157

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL,  MAYER  --  read twice and ordered
          printed, and when printed to be committed to the Committee on Children
          and Families

        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
    24  there has been a subsequent change of circumstances and  that  modifica-

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

        S. 3157                             2

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