Senate Bill S2618

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2618
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 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.
   §  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.
   § 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:
   §  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07380-01-9

 S. 2618                             2
 
 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
 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.
   §  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.
   §  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.
   §  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:
   § 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.
   §  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

 S. 2618                             3
 
 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
 SUBDIVISION  (G)  OF  SECTION  SIX HUNDRED FIFTY-ONE of the family court
 act; or
   §  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:
   § 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.
   § 10. This act shall take effect immediately.