S 3867: 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 ________________________________________________________________________ 3867 2025-2026 Regular Sessions  IN SENATE January 30, 2025 ___________ Introduced by Sens. HOYLMAN-SIGAL, MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families 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 23 court under this section only upon the showing to the family court that 24 there has been a subsequent change of circumstances and that modifica- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01019-01-5 
 S. 3867 2 1 tion is required. Such determinations, including modifications of judg- 2 ments or orders of custody, when relevant, shall state whether law 3 enforcement is authorized to remove the child or children in order to 4 comply with and enforce court judgments or orders.  5 (b) In the event no such referral has been made and unless the supreme 6 court provides in the order or judgment awarding custody or visitation 7 in an action for divorce, separation or annulment, that it may be 8 enforced or modified only in the supreme court, the family court may: 9 (i) determine an application to enforce the order or judgment awarding 10 custody or visitation, or (ii) determine an application to modify the 11 order or judgment awarding custody or visitation upon a showing that 12 there has been a subsequent change of circumstances and modification is 13 required. Such determinations, including modifications of judgments or 14 orders of custody, when relevant, shall state whether law enforcement is 15 authorized to remove the child or children in order to comply with and 16 enforce court judgments or orders. 17 § 3. This act shall take effect immediately.