Bill Text: NY S04955 | 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: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S04955 Detail]
Download: New_York-2019-S04955-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4955 2019-2020 Regular Sessions IN SENATE April 2, 2019 ___________ Introduced by Sen. HOYLMAN -- 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 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 23 there has been a subsequent change of circumstances and that modifica- 24 tion is required. Such determinations, including modifications of judg- 25 ments or orders of custody, shall state whether law enforcement is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10822-01-9S. 4955 2 1 authorized to remove the child or children in order to comply with and 2 enforce court judgments or orders. 3 (b) In the event no such referral has been made and unless the supreme 4 court provides in the order or judgment awarding custody or visitation 5 in an action for divorce, separation or annulment, that it may be 6 enforced or modified only in the supreme court, the family court may: 7 (i) determine an application to enforce the order or judgment awarding 8 custody or visitation, or (ii) determine an application to modify the 9 order or judgment awarding custody or visitation upon a showing that 10 there has been a subsequent change of circumstances and modification is 11 required. Such determinations, including modifications of judgments or 12 orders of custody, shall state whether law enforcement is authorized to 13 remove the child or children in order to comply with and enforce court 14 judgments or orders. 15 § 3. This act shall take effect immediately.
