S T A T E O F N E W Y O R K
________________________________________________________________________
1179--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
___________
Introduced by M. of A. PAULIN, OTIS, SAYEGH, AUBRY, BUTTENSCHON, DICK-
ENS, ENGLEBRIGHT, STIRPE, WILLIAMS, MONTESANO, MORINELLO, DeSTEFANO,
McDONOUGH, B. MILLER, REILLY, GRIFFIN -- Multi-Sponsored by -- M. of
A. J. M. GIGLIO -- read once and referred to the Committee on Judici-
ary -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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:
Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
court act, as amended by chapter 295 of the laws of 2009, is amended to
read as follows:
4. Notifying counsel and issuing orders. Upon consideration of deci-
sions pursuant to article ten of this act, and registry reports and
notifying counsel involved in the proceeding, or in the event of a self-
represented party, notifying such party of the results thereof, includ-
ing any court appointed attorney for children, the court may issue a
temporary, successive temporary or final order of custody or visitation.
SUCH ORDERS, WHEN RELEVANT, SHALL STATE WHETHER LAW ENFORCEMENT IS
AUTHORIZED TO REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND
ENFORCE SAID ORDERS.
§ 2. Subdivisions (a) and (b) of section 652 of the family court act,
as amended by chapter 40 of the laws of 1981, are amended to read as
follows:
(a) When referred from the supreme court to the family court, the
family court has jurisdiction to determine, with the same powers
possessed by the supreme court, applications to fix temporary or perma-
nent custody and applications to modify judgments and orders of custody
or visitation in actions and proceedings for marital separation,
divorce, annulment of marriage and dissolution of marriage. Applications
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02060-02-1
A. 1179--A 2
to modify judgments and orders of custody may be granted by the family
court under this section only upon the showing to the family court that
there has been a subsequent change of circumstances and that modifica-
tion is required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF JUDG-
MENTS OR ORDERS OF CUSTODY, WHEN RELEVANT, SHALL STATE WHETHER LAW
ENFORCEMENT IS AUTHORIZED TO REMOVE THE CHILD OR CHILDREN IN ORDER TO
COMPLY WITH AND ENFORCE COURT JUDGMENTS OR ORDERS.
(b) In the event no such referral has been made and unless the supreme
court provides in the order or judgment awarding custody or visitation
in an action for divorce, separation or annulment, that it may be
enforced or modified only in the supreme court, the family court may:
(i) determine an application to enforce the order or judgment awarding
custody or visitation, or (ii) determine an application to modify the
order or judgment awarding custody or visitation upon a showing that
there has been a subsequent change of circumstances and modification is
required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF JUDGMENTS OR
ORDERS OF CUSTODY, WHEN RELEVANT, SHALL STATE WHETHER LAW ENFORCEMENT IS
AUTHORIZED TO REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND
ENFORCE COURT JUDGMENTS OR ORDERS.
§ 3. This act shall take effect immediately.