DRL 5A Volume 3 Flashcards
76-e Simultaneous proceedings
Generally, a NYS court may not exercise jurisdiction if a proceeding has been brought in another state unless the foreign proceeding is ________ or stayed by other state because this state is a more convenient forum
terminated
76-e Simultaneous proceedings
In a proceeding to modify a child custody determination, a NYS court shall determine if enforcement proceeding has been brought in a foreign court. If it has, NYS court may:
- stay NYS proceeding pending entry of foreign order, or
- enjoin parties from continuing with NYS enforcement proceeding, or
- proceed with modification under condition it considers appropriate.
76-e Simultaneous proceedings
In a proceeding to modify a child custody determination, a NYS court shall determine if enforcement proceeding has been brought in a foreign court. If it has, NYS court may:
- stay NYS proceeding pending entry of foreign order, or
- enjoin parties from continuing with NYS enforcement proceeding, or
- proceed with modification under condition it considers appropriate.
76-f Inconvenient forum
Issue of Inconvenient forum may be raised by __________ of any party or on the court’s own motion, or request of another court. Court shall consider all of the following:
- whether ____________ has occurred and likelihood of it continuing, and which court can best protect parties and child, and
- length of time child has resided outside NYS
- distance between NYS court and foreign court
- financial situation of parties
- any existing agreement of parties regarding jurisdiction
- nature, location of evidence, including testimony of child
- ability of courts to decide issue quickly
- familiarity of courts with facts and issues.
motion………. domestic violence
76-f Inconvenient forum
If NYS court determines that other state is a more _________ forum, NYS court may stay proceeding pending commencement of proceeding in foreign state.
convenient
76-f Inconvenient forum
NYS court may decline jurisdiction if child custody determination is part of action for ________ or other proceeding while retaining jurisdiction over divorce or other proceeding.
divorce
76-g Jurisdiction declined by reason of conduct
- Generally, if a person who has engaged in _____________ conduct seeks to invoke the jurisdiction of a NYS court, the court shall decline to exercise its jurisdiction.
- Nevertheless, the court may fashion an appropriate remedy to ensure safety of child and it shall assess expenses and costs against party seeking to invoke the jurisdiction.
unjustifiable
76-h Information to be submitted to the court
Each party in its pleading shall state, if known, among other things:
- child’s present address or whereabouts
- places where child has lived during last ____ years
- names and addresses of persons that child has lived with during those________ years.
Court may order that identifying information of child or parties not be disclosed.
05…….05
76-1 Appearance of parties and child
Court may order appearance of child and party, whether they are in or outside NYS, and may require another party to pay reasonable ________
expenses.
77 Definitions - III. ENFORCEMENT
Petitioner means a person who seeks enforcement of an order (and respondent means the person against whom a proceeding has been commenced) for an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction, or enforcement of a child custody determination
77 Definitions - III. ENFORCEMENT
Petitioner means a person who seeks enforcement of an order (and respondent means the person against whom a proceeding has been commenced) for an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction, or enforcement of a child custody determination
77-a A Enforcement under Hague Convention
A NYS court may enforce an order for _________ of a child made under the Haque Convention as If It were a child custody determination.
the return
77-b Duty to enforce
NYS courts have a duty to recognize and enforce proper__________ child custody determinations.
foreign
77-c Temporary visitation
Temporary visitation Although a NYS court may not have jurisdiction to modify a child custody determination, it may issue a__________ enforcing a foreign court visitation schedule or visitation provision. Order remains in effect until an order is obtained from the other court or the period specified in the order expires.
temporary order
77-d Registration of child custody determination
Registration of a foreign child custody determination may be made by sending to the NYS court:
- letter/document requesting registration
- _______ copies (Including 1 certified) of determination and statement that it has not been modified
- name and address of person seeking registration and name and address of parent/person acting as parent/person who has been awarded custody or visitation.
2
77-d Registration of child custody determination
The NYS registering court shall:
- file determination and 1 copy of attachments as a foreign judgement
- serve notice on parties and provide opportunity to contest registration.
Notice must state:
a) registered determination is enforceable as of date of registration
b) hearing to contest validity of registration must be requested within ______________ after service of notice
c) failure to contest precludes further contest as to any matter that could have been asserted.
20 days
77-d Registration of child custody determination
After hearing, the NYS court must confirm registered order, unless:
- issuing court did not have ______________
- custody determination has been vacated, stayed, or modified
- notice was not given prior to custody determination by other court
If request is not timely, registration is confirmed as a matter of law.
Confirmation of registered order precludes further contest as to any matter that could have been asserted at the time of registration.
urisdiction
