New York § 428 Issuance of warrant; certificate of warrant

New York Statutes

§ 428 — Issuance of warrant; certificate of warrant

New York § 428

Law FCTFamily Court Act

Part 2Venue and Preliminary Procedure

Art. 4Support Proceedings

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Bluebook

N.Y. Family Court Act § 428 (2026).

Text

§ 428. Issuance of warrant; certificate of warrant.

(a)The court may\nissue a warrant, directing that the respondent be arrested, brought\nbefore the court, when a petition is presented to the court under\nsection four hundred twenty-three and it appears that\n (i) the summons cannot be served, or\n (ii) the respondent has failed to obey the summons; or\n (iii) the respondent is likely to leave the jurisdiction; or\n (iv) a summons, in the court's opinion, would be ineffectual; or\n (v) the safety of the petitioner is endangered; or\n (vi) a respondent on bail or on parole has failed to appear.\n (b) The petitioner may not serve a warrant upon the respondent, unless\nthe court itself grants such permission upon the application of the\npetitioner. The clerk of the court may issue

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§ 428. Issuance of warrant; certificate of warrant. (a) The court may\nissue a warrant, directing that the respondent be arrested, brought\nbefore the court, when a petition is presented to the court under\nsection four hundred twenty-three and it appears that\n (i) the summons cannot be served, or\n (ii) the respondent has failed to obey the summons; or\n (iii) the respondent is likely to leave the jurisdiction; or\n (iv) a summons, in the court's opinion, would be ineffectual; or\n (v) the safety of the petitioner is endangered; or\n (vi) a respondent on bail or on parole has failed to appear.\n (b) The petitioner may not serve a warrant upon the respondent, unless\nthe court itself grants such permission upon the application of the\npetitioner. The clerk of the court may issue to the petitioner or to the\nrepresentative of an incorporated charitable or philanthropic society\nhaving a legitimate interest in the family a certificate stating that a\nwarrant for the respondent has been issued by the court. The\npresentation of such certificate by said petitioner or representative to\nany peace officer, acting pursuant to his special duties, or police\nofficer authorizes him to arrest the respondent and take him to court.\n (c) A certificate of warrant expires ninety days from the date of\nissue but may be renewed from time to time by the clerk of the court.\n (d) Rules of court shall provide that a record of all unserved\nwarrants be kept and that periodic reports concerning unserved warrants\nbe made.\n