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Senate Bill S165

2009-2010 Legislative Session

Authorizes the posting of a bond in custody cases

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2009-S165 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §§447, 467, 549, 651 & 652, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:
S2627

2009-S165 (ACTIVE) - Summary

Authorizes the court to require a non-custodial parent, when the court reasonably determines that there is a risk of flight, to post a bond to ensure return of a child in custody and visitation orders; provides that the amount of the bond shall be determined based on all of the facts and circumstances available to the court.

2009-S165 (ACTIVE) - Sponsor Memo

2009-S165 (ACTIVE) - Bill Text download pdf 

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

                                   165

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN  ACT to amend the domestic relations law and the family court act, in
  relation to requiring posting of a bond in custody proceedings

  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 6 to read as follows:
  6. POSTING OF BOND. AS PART OF A CHILD  SUPPORT  ORDER,  IN  ANY  CASE
WHERE  THE  COURT  REASONABLY  DETERMINES  THAT  THERE  IS A RISK THAT A
NONCUSTODIAL PARENT MAY FLEE,  THE  COURT  MAY  ORDER  THE  NONCUSTODIAL
PARENT  TO  POST  A BOND IN AN AMOUNT DETERMINED BY THE COURT, TO ENSURE
THAT ANY CHILD SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT
AT THE END OF ANY VISITATION PERIOD PROVIDED FOR THEREIN. THE AMOUNT  OF
SUCH  BOND SHALL BE BASED UPON ALL THE FACTS AND CIRCUMSTANCES AVAILABLE
TO THE COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD.
  S 2. Section 447 of the family court act is amended by  adding  a  new
subdivision (c) to read as follows:
  (C)  AS  PART  OF  ANY ORDER UNDER THIS SECTION, IN ANY CASE WHERE THE
COURT REASONABLY DETERMINES THAT THERE IS A  RISK  THAT  A  NONCUSTODIAL
PARENT  MAY  FLEE, THE COURT MAY ORDER THE NONCUSTODIAL PARENT TO POST A
BOND IN AN AMOUNT DETERMINED BY THE COURT,  TO  ENSURE  THAT  ANY  CHILD
SUBJECT  TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT AT THE END OF
ANY VISITATION PERIOD PROVIDED FOR THEREIN.  THE  AMOUNT  OF  SUCH  BOND
SHALL  BE  BASED  UPON  ALL THE FACTS AND CIRCUMSTANCES AVAILABLE TO THE
COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD.
  S 3. Section 467 of the family court act is amended by  adding  a  new
subdivision (d) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02048-01-9

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