Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 20, 2010 |
committee discharged and committed to children and families |
Jan 06, 2010 |
referred to social services, children and families |
Jan 16, 2009 |
referred to children and families |
Jan 07, 2009 |
referred to social services, children and families |
Senate Bill S165
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
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
BILL NUMBER: S165 TITLE OF BILL : An act to amend the domestic relations law and the family court act, in relation to requiring posting of a bond in custody proceedings PURPOSE OF THE BILL : This bill would authorize the court to order the posting of a bond in certain custody cases in an attempt to address the serious problem of custodial interference. SUMMARY OF SPECIFIC PROVISIONS : The bill amends the domestic relations law and the family court act to provide that where the court determines that there is a risk that a noncustodial parent may flee with the child, the court may order the noncustodial parent to post a bond to ensure that any child subject to such order is returned to the custodial parent at the end of any visitation period. JUSTIFICATION : According to the 1990 National Incidence Studies of Missing, Abducted, Runaway and Thrownaway Children, nearly 350,000 children are abducted by family members each year. Abduction of a child whether by a stranger or by a family member is every parent's worst nightmare. Even though the child is with the noncustodial parent, that does not
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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