§ 77-G — Expedited enforcement of child custody determination

New York § 77-G

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Title 3: Enforcement
• Art. 5-A: Uniform Child Custody Jurisdiction and Enforcement Act

Text

§ 77-g. Expedited enforcement of child custody determination. 1. A\npetition under this title must be verified. Certified copies of all\norders sought to be enforced and of any order confirming registration\nmust be attached to the petition. A copy of a certified copy of an order\nmay be attached instead of the original.\n 2. A petition for enforcement of a child custody determination must\nstate:\n (a) whether the court that issued the determination identified the\njurisdictional basis it relied upon in exercising jurisdiction and, if\nso, what the basis was;\n (b) whether the determination for which enforcement is sought has been\nvacated, stayed, or modified by a court whose decision must be enforced\nunder this article and, if so, identify the court, the case number, and\nthe nature of the proceeding;\n (c) whether any proceeding has been commenced that could affect the\ncurrent proceeding, including proceedings relating to domestic violence,\nchild abuse or neglect, protective orders, termination of parental\nrights, and adoptions and, if so, identify the court, the case number,\nand the nature of the proceeding;\n (d) the present physical address of the child and the respondent, if\nknown;\n (e) whether relief in addition to the immediate physical custody of\nthe child and attorney's fees is sought, including a request for\nassistance from law enforcement officials and, if so, the relief sought;\nand\n (f) if the child custody determination has been registered and\nconfirmed under section seventy-seven-d of this title, the date and\nplace of registration.\n 3. Upon the filing of a petition, the court shall issue an order\ndirecting the respondent to appear in person with or without the child\nat a hearing within three court days and may enter any order necessary\nto ensure the safety of the parties and the child. The hearing must be\nheld not more than three court days after the filing of the petition,\nprovided that the petition has been served not less than twenty-four\nhours prior to the hearing. Service may be by any means directed by the\ncourt pursuant to section three hundred eight of the civil practice law\nand rules. The court may extend the date of the hearing briefly for good\ncause shown or upon the request of the petitioner.\n 4. An order issued under subdivision three of this section must state\nthe time and place of the hearing and advise the respondent that at the\nhearing the court will order that the petitioner may take immediate\nphysical custody of the child and the payment of fees, costs, and\nexpenses under section seventy-seven-k of this title, and may schedule a\nhearing to determine whether further relief is appropriate, unless the\nrespondent appears and establishes that:\n (a) the child custody determination has not been registered and\nconfirmed under section seventy-seven-d of this title and that:\n (1) the issuing court did not have jurisdiction under title two of\nthis article;\n (2) the child custody determination for which enforcement is sought\nhas been vacated, stayed, or modified by a court having jurisdiction to\ndo so under title two of this article or that enforcement would violate\nsubdivision one-c of section two hundred forty of this chapter or\nsection one thousand eighty-five of the family court act;\n (3) the respondent was entitled to notice, but notice was not given in\naccordance with the standards of section seventy-five-g of this article,\nin the proceedings before the court that issued the order for which\nenforcement is sought; or\n (b) the child custody determination for which enforcement is sought\nwas registered and confirmed under section seventy-seven-c of this\ntitle, but has been vacated, stayed, or modified by a court of a state\nhaving jurisdiction to do so under title two of this article.\n