Requires orders of custody to state whether law enforcement is authorized to remove a child or children in order to comply with and enforce such orders.
STATE OF NEW YORK
________________________________________________________________________
312
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PAULIN, OTIS, SAYEGH, BUTTENSCHON, STIRPE,
WILLIAMS, MORINELLO, DeSTEFANO, McDONOUGH, MILLER, REILLY -- Multi-
Sponsored by -- M. of A. GIGLIO -- read once and referred to the
Committee on Judiciary
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:
1 Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
2 court act, as amended by chapter 295 of the laws of 2009, is amended to
3 read as follows:
4 4. Notifying counsel and issuing orders. Upon consideration of deci-
5 sions pursuant to article ten of this act, and registry reports and
6 notifying counsel involved in the proceeding, or in the event of a self-
7 represented party, notifying such party of the results thereof, includ-
8 ing any court appointed attorney for children, the court may issue a
9 temporary, successive temporary or final order of custody or visitation.
10 Such orders, when relevant, shall state whether law enforcement is
11 authorized to remove the child or children in order to comply with and
12 enforce said orders.
13 § 2. Subdivisions (a) and (b) of section 652 of the family court act,
14 as amended by chapter 40 of the laws of 1981, are amended to read as
15 follows:
16 (a) When referred from the supreme court to the family court, the
17 family court has jurisdiction to determine, with the same powers
18 possessed by the supreme court, applications to fix temporary or perma-
19 nent custody and applications to modify judgments and orders of custody
20 or visitation in actions and proceedings for marital separation,
21 divorce, annulment of marriage and dissolution of marriage. Applications
22 to modify judgments and orders of custody may be granted by the family
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01019-01-5
A. 312 2
1 court under this section only upon the showing to the family court that
2 there has been a subsequent change of circumstances and that modifica-
3 tion is required. Such determinations, including modifications of judg-
4 ments or orders of custody, when relevant, shall state whether law
5 enforcement is authorized to remove the child or children in order to
6 comply with and enforce court judgments or orders.
7 (b) In the event no such referral has been made and unless the supreme
8 court provides in the order or judgment awarding custody or visitation
9 in an action for divorce, separation or annulment, that it may be
10 enforced or modified only in the supreme court, the family court may:
11 (i) determine an application to enforce the order or judgment awarding
12 custody or visitation, or (ii) determine an application to modify the
13 order or judgment awarding custody or visitation upon a showing that
14 there has been a subsequent change of circumstances and modification is
15 required. Such determinations, including modifications of judgments or
16 orders of custody, when relevant, shall state whether law enforcement is
17 authorized to remove the child or children in order to comply with and
18 enforce court judgments or orders.
19 § 3. This act shall take effect immediately.
