S T A T E   O F   N E W   Y O R K
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                                  6245

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law and the family court act,  in
  relation  to visitation and custody rights involving non-United States
  citizens

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  240  of the domestic relations law is amended by
adding a new subdivision 1-d to read as follows:
  1-D. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  CHAPTER  TO  THE
CONTRARY,  NO  COURT  SHALL  MAKE  AN  ORDER PROVIDING FOR VISITATION OR
CUSTODY OF A MINOR WHO IS A  UNITED  STATES  CITIZEN  TO  A  PERSON  WHO
RESIDES  OR  PLANS  TO  RESIDE  OUTSIDE THE UNITED STATES WHEN THE OTHER
PARTY TO SUCH ACTION IS A UNITED STATES  CITIZEN  AND  OBJECTS  TO  SUCH
VISITATION OR CUSTODY.
  S  2.  Section  651 of the family court act is amended by adding a new
subdivision (g) to read as follows:
  (G) VISITATION AND CUSTODY  RIGHTS  UNENFORCEABLE;  NON-UNITED  STATES
CITIZENS.  NO  VISITATION  OR  CUSTODY  ORDER  SHALL BE ENFORCEABLE BY A
PERSON WHO RESIDES OR PLANS TO RESIDE OUTSIDE THE UNITED STATES WHEN THE
SUBJECT OF SUCH VISITATION OR CUSTODY ORDER IS A MINOR WHO IS  A  UNITED
STATES  CITIZEN  AND  THE  OTHER PARTY TO SUCH ACTION IS A UNITED STATES
CITIZEN AND OBJECTS TO SUCH VISITATION OR CUSTODY.
  S 3. Section 75-e of the domestic relations law, as added  by  chapter
386 of the laws of 2001, is amended to read as follows:
  S  75-e. Effect of child custody determination. A child custody deter-
mination made by a court of this state that had jurisdiction under  this
article  binds  all  persons who have been served in accordance with the
laws of this state or notified in accordance with section seventy-five-g
of this title or who have submitted to the jurisdiction  of  the  court,
and who have been given an opportunity to be heard. As to those persons,
the determination is conclusive as to all decided issues of law and fact
except  to  the  extent  the  determination is modified or except to the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD11869-02-5

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extent that enforcement of an order would violate subdivision  one-c  OR
ONE-D  of section two hundred forty of this chapter or section one thou-
sand eighty-five OR SUBDIVISION (G) OF SECTION SIX HUNDRED FIFTY-ONE  of
the family court act.
  S  4.  Subdivision  2  of section 75 of the domestic relations law, as
added by chapter 386 of the laws of 2001, is amended to read as follows:
  2. It is the intent of the legislature in  enacting  this  article  to
provide  an  effective mechanism to obtain and enforce orders of custody
and visitation across state lines and to do so in a manner that  ensures
that  the safety of the children is paramount and that victims of domes-
tic violence and child abuse are protected. It is further the intent  of
the  legislature  that  this  article  be construed so as to ensure that
custody and visitation by perpetrators of domestic violence or  homicide
of  a  parent, legal custodian, legal guardian, sibling, half-sibling or
step-sibling of a child [is] OR NON-UNITED STATES CITIZEN ARE restricted
pursuant to [subdivision] SUBDIVISIONS one-c AND ONE-D  of  section  two
hundred  forty  of this chapter and section one thousand eighty-five AND
SUBDIVISION (G) OF SECTION SIX HUNDRED FIFTY-ONE  of  the  family  court
act.
  S  5.  Subdivision 1 of section 77-b of the domestic relations law, as
added by chapter 386 of the laws of 2001, is amended to read as follows:
  1. A court of this state shall recognize and enforce a  child  custody
determination  of a court of another state if the latter court exercised
jurisdiction in substantial conformity with this article or the determi-
nation was made under factual circumstances meeting  the  jurisdictional
standards of this article and the determination has not been modified in
accordance  with  this  article; provided, however, that recognition and
enforcement of the determination would not violate subdivision one-c  OR
ONE-D  of section two hundred forty of this chapter or section one thou-
sand eighty-five OR SUBDIVISION (G) OF SECTION SIX HUNDRED FIFTY-ONE  of
the family court act.
  S  6.  The  opening  paragraph of subdivision 1 of section 77-c of the
domestic relations law, as added by chapter 386 of the laws of 2001,  is
amended to read as follows:
  A  court  of  this  state which does not have jurisdiction to modify a
child custody determination, may, if consistent with  subdivision  one-c
OR  ONE-D  of  section  two hundred forty of this chapter or section one
thousand eighty-five OR SUBDIVISION (G) OF SECTION SIX HUNDRED FIFTY-ONE
of the family court act, issue a temporary order enforcing:
  S 7. Subdivision 2 of section 77-e of the domestic relations  law,  as
added by chapter 386 of the laws of 2001, is amended to read as follows:
  2.  A  court  of  this  state shall recognize and enforce, but may not
modify, except in accordance with title two of this  article,  a  regis-
tered child custody determination of a court of another state; provided,
however, that recognition and enforcement of the determination would not
violate  subdivision one-c OR ONE-D of section two hundred forty of this
chapter or section  one  thousand  eighty-five  OR  SUBDIVISION  (G)  OF
SECTION SIX HUNDRED FIFTY-ONE of the family court act.
  S  8.  Subparagraph  (ii) of paragraph (a) of subdivision 1 of section
77-i of the domestic relations law, as added by chapter 386 of the  laws
of 2001, is amended to read as follows:
  (ii)  the  child custody determination for which enforcement is sought
has been vacated, stayed, or modified by  a  court  of  a  state  having
jurisdiction  to do so under title two of this article or enforcement of
the determination would violate subdivision one-c OR  ONE-D  of  section
two hundred forty of this chapter or section one thousand eighty-five OR

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SUBDIVISION  (G)  OF  SECTION  SIX HUNDRED FIFTY-ONE of the family court
act; or
  S  9.  Section 77-l of the domestic relations law, as added by chapter
386 of the laws of 2001, is amended to read as follows:
  S 77-l. Recognition and enforcement.  A  court  of  this  state  shall
accord  full  faith  and  credit to an order issued by another state and
consistent with this article which enforces  a  child  custody  determi-
nation  by  a  court of another state unless the order has been vacated,
stayed, or modified by a court having jurisdiction to do so under  title
two  of  this  article, unless recognition and enforcement would violate
subdivision one-c OR ONE-D of section two hundred forty of this  chapter
or  section  one  thousand eighty-five OR SUBDIVISION (G) OF SECTION SIX
HUNDRED FIFTY-ONE of the family court act.
  S 10. This act shall take effect immediately.