§ 154 — State-wide process

New York § 154

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: General Powers
• Art. 1: Family Court Established

Text

§ 154. State-wide process. (a) The family court may send process or\nother mandates in any matter in which it has jurisdiction into any\ncounty of the state for service or execution in like manner and with the\nsame force and effect as similar process or mandates of county courts as\nprovided by law.\n (b) In a proceeding to establish paternity or to establish, modify or\nenforce support, the court may send process without the state in the\nsame manner and with the same effect as process sent within the state in\nthe exercise of personal jurisdiction over any person subject to the\njurisdiction of the court under section three hundred one or three\nhundred two of the civil practice law and rules or under section 580-201\nof article five-B of the family court act, notwithstanding that such\nperson is not a resident or domiciliary of the state.\n (c) In a proceeding arising under article four, five, six, eight or\nten of this act in which an order of protection is sought or in which a\nviolation of an order of protection is alleged, the court may send\nprocess without the state in the same manner and with the same effect as\nprocess sent within the state in the exercise of personal jurisdiction\nover any person, subject to the jurisdiction of the court under section\nthree hundred one or three hundred two of the civil practice law and\nrules, notwithstanding that such person is not a resident or domiciliary\nof the state, so long as: (1) the act or acts giving rise to the\napplication for issuance or enforcement of the order of protection\noccurred within the state; and (2) the applicant for the order of\nprotection resides or is domiciled in the state or has substantial\ncontacts in the state, including but not limited to, presence on a\nregular basis in the state. Upon good cause shown, the court may issue a\ntemporary order of protection in accordance with article four, five,\nsix, eight or ten of this act. Where personal jurisdiction over a\nnon-resident or non-domiciliary respondent would not be obtainable but\nfor this subdivision, the papers to be served shall include a\nconspicuous notice that the exercise of such jurisdiction is limited to\nthe issue of the order of protection. Where service of a petition and\nsummons upon a non-resident or non-domiciliary respondent is required,\nsuch service shall be made at least twenty days before the return date.\nWhere service is effected on an out-of-state respondent and the\nrespondent defaults by failing to appear, the court may on its own\nmotion, or upon application of any party or the attorney for the child,\nproceed to a hearing with respect to issuance or enforcement of the\norder of protection. Nothing in this section shall be construed to\naffect or alter the exercise of personal jurisdiction with respect to\nissues other than the order of protection.\n