Article 5A: Domestic Relations Law - Uniform Child Custody Jurisdiction and Enforcement Act

Question 1

“Home state” means state in which child lived with a parent or person acting as parent for at least ___ consecutive months immediately before the commencement of a child custody proceeding

Answer 1

6

DRL 5A: 75-a

Question 2

T/F? Question of jurisdiction must be given priority on the calendar

Answer 2

True

DRL 5A: 75-f

Question 3

T/F? A NYS court may enforce an order for the return of a child made under the Hague Convention as if it were a child custody determination

Answer 3

True

DRL 5A: 77-a

Question 4

T/F? An enforcement petition need not be verified

Answer 4

False

DRL 5A: 77-g

Question 5

T/F? Service of petition and order can be by any method authorized by law on respondent and any person who has physical custody of child

Answer 5

True

DRL 5A: 77-h

Question 6

T/F? Parties may invoke privilege against disclosure based on the relationship of husband and wife or parent and child

Answer 6

False

DRL 5A: 77-L

Question 7

PERSON ACTING AS PARENT means who:
1. has physical custody of child for 6 consecutive months within 1 year immediately before commencement of child custody proceeding
2. has been awarded custody by court or claims custody under NYS laws
A. 1
B. 2
c. both
D. neither

Answer 7

c. both

DRL 5A: 75-a

Question 8

Notice of child custody proceeding must be given to
1. person entitled to notice under NYS laws in child custody proceeding
2. parents whose parental rights have not been terminated
3. any person having physical custody of child
A. 1 and 2
B. 2 and 3
C. neither
D. 1, 2. 3

Answer 8

D. 1, 2. 3

DRL 5A: 76-d

Question 9

Registration of a foreign child custody determination may be made by sending to NYS court letter document requisition registration, name and address of person seeking registration, name address of parent or other person awarded custody or visitation, statement that it has not been modified AND
A. 2 copies (including 1 certified) of determination
B. 3 copies (including 1 certified) of determination
C. 2 copies (both certified) of determination
D. 3 copies (including 2 certified) of determination

Answer 9

A. 2 copies (including 1 certified) of determination

DRL 5A: 77-d

Question 10

Court must confirm registration of foreign custody order, unless
1. issuing court did not have jurisdiction
2. custody determination has been vacated, stayed or modified
3. notice was given prior to custody determination
A. 1 and 2
B. 2 and 3
C. neither
D. 1, 2, and 3

Answer 10

A. 1 and 2

DRL 5A: 77-d

Question 11

Upon the filling of a petition for an enforcement of a child custody determination, the court shall issue an order directing the respondent to appear with or without child within \_\_\_\_ court day(s)
A. 1
B. 2
C. 3
D. 7

Answer 11

C. 3

DRL 5A: 77-g

Question 12

Which of the following statements is false? In a proceeding for the enforcement of a child custody determination, the court
A. shall award fees, costs and expenses
B. may draw adverse inference from the refusal of a party to testify
C. may compel both husband and wife to testify
D. may not order that petitioner take immediate physical of the child

Answer 12

D. may not order that petitioner take immediate physical of the child

DRL 5a: 77-g

Question 13

Which of the following relating to an appeal of a child custody order is not correct?
A. An appeal may be taken from a final order under this section
B. An appeal may be taken from any final order
C. appeals court may grant a preference
D. enforcing court may stay the order pending the determination of the appeal

Answer 13

D. enforcing court may stay the order pending the determination of the appeal

DRL 5A: 77-m