Senate Bill S2627

2011-2012 Legislative Session

Authorizes the posting of a bond in custody cases

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Sponsored By

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

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2011-S2627 (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 2009-2010 Legislative Session:
S165

2011-S2627 (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.

2011-S2627 (ACTIVE) - Sponsor Memo

2011-S2627 (ACTIVE) - Bill Text download pdf 

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

                                  2627

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 27, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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 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:
  (D) AS PART OF A DETERMINATION OF  AN  APPLICATION  PURSUANT  TO  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07445-01-1

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