Legislation
SECTION 154
State-wide process
Family Court Act (FCT) CHAPTER 686, ARTICLE 1, PART 5
§ 154. State-wide process. (a) The family court may send process or
other mandates in any matter in which it has jurisdiction into any
county of the state for service or execution in like manner and with the
same force and effect as similar process or mandates of county courts as
provided by law.
(b) In a proceeding to establish paternity or to establish, modify or
enforce support, the court may send process without the state in the
same manner and with the same effect as process sent within the state in
the exercise of personal jurisdiction over any person subject to the
jurisdiction of the court under section three hundred one or three
hundred two of the civil practice law and rules or under section 580-201
of article five-B of the family court act, notwithstanding that such
person is not a resident or domiciliary of the state.
(c) In a proceeding arising under article four, five, six, eight or
ten of this act in which an order of protection is sought or in which a
violation of an order of protection is alleged, the court may send
process without the state in the same manner and with the same effect as
process sent within the state in the exercise of personal jurisdiction
over any person, subject to the jurisdiction of the court under section
three hundred one or three hundred two of the civil practice law and
rules, notwithstanding that such person is not a resident or domiciliary
of the state, so long as: (1) the act or acts giving rise to the
application for issuance or enforcement of the order of protection
occurred within the state; and (2) the applicant for the order of
protection resides or is domiciled in the state or has substantial
contacts in the state, including but not limited to, presence on a
regular basis in the state. Upon good cause shown, the court may issue a
temporary order of protection in accordance with article four, five,
six, eight or ten of this act. Where personal jurisdiction over a
non-resident or non-domiciliary respondent would not be obtainable but
for this subdivision, the papers to be served shall include a
conspicuous notice that the exercise of such jurisdiction is limited to
the issue of the order of protection. Where service of a petition and
summons upon a non-resident or non-domiciliary respondent is required,
such service shall be made at least twenty days before the return date.
Where service is effected on an out-of-state respondent and the
respondent defaults by failing to appear, the court may on its own
motion, or upon application of any party or the attorney for the child,
proceed to a hearing with respect to issuance or enforcement of the
order of protection. Nothing in this section shall be construed to
affect or alter the exercise of personal jurisdiction with respect to
issues other than the order of protection.
other mandates in any matter in which it has jurisdiction into any
county of the state for service or execution in like manner and with the
same force and effect as similar process or mandates of county courts as
provided by law.
(b) In a proceeding to establish paternity or to establish, modify or
enforce support, the court may send process without the state in the
same manner and with the same effect as process sent within the state in
the exercise of personal jurisdiction over any person subject to the
jurisdiction of the court under section three hundred one or three
hundred two of the civil practice law and rules or under section 580-201
of article five-B of the family court act, notwithstanding that such
person is not a resident or domiciliary of the state.
(c) In a proceeding arising under article four, five, six, eight or
ten of this act in which an order of protection is sought or in which a
violation of an order of protection is alleged, the court may send
process without the state in the same manner and with the same effect as
process sent within the state in the exercise of personal jurisdiction
over any person, subject to the jurisdiction of the court under section
three hundred one or three hundred two of the civil practice law and
rules, notwithstanding that such person is not a resident or domiciliary
of the state, so long as: (1) the act or acts giving rise to the
application for issuance or enforcement of the order of protection
occurred within the state; and (2) the applicant for the order of
protection resides or is domiciled in the state or has substantial
contacts in the state, including but not limited to, presence on a
regular basis in the state. Upon good cause shown, the court may issue a
temporary order of protection in accordance with article four, five,
six, eight or ten of this act. Where personal jurisdiction over a
non-resident or non-domiciliary respondent would not be obtainable but
for this subdivision, the papers to be served shall include a
conspicuous notice that the exercise of such jurisdiction is limited to
the issue of the order of protection. Where service of a petition and
summons upon a non-resident or non-domiciliary respondent is required,
such service shall be made at least twenty days before the return date.
Where service is effected on an out-of-state respondent and the
respondent defaults by failing to appear, the court may on its own
motion, or upon application of any party or the attorney for the child,
proceed to a hearing with respect to issuance or enforcement of the
order of protection. Nothing in this section shall be construed to
affect or alter the exercise of personal jurisdiction with respect to
issues other than the order of protection.