S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1179--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, OTIS, SAYEGH, AUBRY, BUTTENSCHON, DICK-
   ENS, ENGLEBRIGHT, STIRPE, WILLIAMS, MONTESANO,  MORINELLO,  DeSTEFANO,
   McDONOUGH,  B. MILLER,  REILLY, GRIFFIN -- Multi-Sponsored by -- M. of
   A. J. M. GIGLIO -- read once and referred to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 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:
 
   Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
 court act, as amended by chapter 295 of the laws of 2009, is amended  to
 read as follows:
   4.  Notifying  counsel and issuing orders. Upon consideration of deci-
 sions pursuant to article ten of this  act,  and  registry  reports  and
 notifying counsel involved in the proceeding, or in the event of a self-
 represented  party, notifying such party of the results thereof, includ-
 ing any court appointed attorney for children, the  court  may  issue  a
 temporary, successive temporary or final order of custody or visitation.
 SUCH  ORDERS,  WHEN  RELEVANT,  SHALL  STATE  WHETHER LAW ENFORCEMENT IS
 AUTHORIZED TO REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY  WITH  AND
 ENFORCE SAID ORDERS.
   §  2. Subdivisions (a) and (b) of section 652 of the family court act,
 as amended by chapter 40 of the laws of 1981, are  amended  to  read  as
 follows:
   (a)  When  referred  from  the  supreme court to the family court, the
 family court  has  jurisdiction  to  determine,  with  the  same  powers
 possessed  by the supreme court, applications to fix temporary or perma-
 nent custody and applications to modify judgments and orders of  custody
 or  visitation  in  actions  and  proceedings  for  marital  separation,
 divorce, annulment of marriage and dissolution of marriage. Applications
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02060-02-1

 A. 1179--A                          2
 
 to modify judgments and orders of custody may be granted by  the  family
 court  under this section only upon the showing to the family court that
 there has been a subsequent change of circumstances and  that  modifica-
 tion  is required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF JUDG-
 MENTS OR ORDERS OF CUSTODY,  WHEN  RELEVANT,  SHALL  STATE  WHETHER  LAW
 ENFORCEMENT  IS  AUTHORIZED  TO REMOVE THE CHILD OR CHILDREN IN ORDER TO
 COMPLY WITH AND ENFORCE COURT JUDGMENTS OR ORDERS. 
   (b) In the event no such referral has been made and unless the supreme
 court provides in the order or judgment awarding custody  or  visitation
 in  an  action  for  divorce,  separation  or  annulment, that it may be
 enforced or modified only in the supreme court, the  family  court  may:
 (i)  determine  an application to enforce the order or judgment awarding
 custody or visitation, or (ii) determine an application  to  modify  the
 order  or  judgment  awarding  custody or visitation upon a showing that
 there has been a subsequent change of circumstances and modification  is
 required.  SUCH  DETERMINATIONS, INCLUDING MODIFICATIONS OF JUDGMENTS OR
 ORDERS OF CUSTODY, WHEN RELEVANT, SHALL STATE WHETHER LAW ENFORCEMENT IS
 AUTHORIZED TO REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY  WITH  AND
 ENFORCE COURT JUDGMENTS OR ORDERS.
   § 3. This act shall take effect immediately.