DRL 5A Volume 4 Flashcards
77-i Hearing and order
1.Court shall order that petitioner may take immediate _______ of child unless respondent establishes:
a) child custody determination was not registered and confirmed, AND
I) issuing court did not have jurisdiction
ii) determination was vacated, stayed, or modified
iii) notice was not given in other court’s proceeding, or
b) child custody determination was registered and confirmed, but has been vacated, stayed, or modified by other court.
physical custody
77-i Hearing and order
- Court may draw adverse inference from the refusal of a party to _______
testify
77-i Hearing and order
- Parties may not invoke __________ against disclosure based on relationship of husband x wife or parent x child.
privilege
77-j Warrant to take physical custody of child
- Upon filing petition for enforcement of child custody determination, petitioner may file a ____________ for a warrant to take physical custody of child at imminent risk of physical harm or removal from state.
verified application
77-j Warrant to take physical custody of child
- If warrant is executed, petition must be heard on _____________ after warrant is executed.
Adjournment shall be for no more than _______________
next court day ………. 3 court days.
77-j Warrant to take physical custody of child
- A warrant to take physical custody of child must:
a) recite facts upon whicha conclusion of imminent harm or removal from the state is based, and
b) direct law enforcement officers to take physical custody of child or protect child, and
c) provide for placement of child pending final relief.
77-j Warrant to take physical custody of child
- A warrant to take physical custody of child must:
a) recite facts upon whicha conclusion of imminent harm or removal from the state is based, and
b) direct law enforcement officers to take physical custody of child or protect child, and
c) provide for placement of child pending final relief.
77-j Warrant to take physical custody of child
. Respondent must be served with petition, warrant, and order __________ child is taken into custody.
immediately after
77-j Warrant to take physical custody of child
- Warrant to take physical custody of child is enforceable throughout ____
NYS.
77-j Warrant to take physical custody of child
- Court may impose ________ of child to ensure appearance of child and child’s custodian.
placement conditions
77-k Costs, Fees, and Expenses
Court shall award _______
However, the court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.
expenses.
77-L Recognition and enforcement
NYS court shall accord full faith and credit to a _______ issued by another state which enforces a child custody determination of another state.
lawful order
77-m Appeals
- An appeal may be taken from any ____________ under this article.
- Appeals court may grant a preference.
- Unless the court enters a temporary emergency order, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
final order
77-n Role of prosecutor or public official
A prosecutor or other public official acting under this section may take any lawful action to locate a child, obtain the return of child, or enforce a child custody determination if there is:
1. existing child custody determination, or
2. a request to do so from a court in a pending child custody proceeding, or
3. reasonable belief that a criminal statute has been violated, or
4. reason to believe child was wrongfully removed or retained.
Prosecutor acts in behalf of NYS and does not represent the party.
77-n Role of prosecutor or public official
A prosecutor or other public official acting under this section may take any lawful action to locate a child, obtain the return of child, or enforce a child custody determination if there is:
1. existing child custody determination, or
2. a request to do so from a court in a pending child custody proceeding, or
3. reasonable belief that a criminal statute has been violated, or
4. reason to believe child was wrongfully removed or retained.
Prosecutor acts in behalf of NYS and does not represent the party.
77-o Role of law enforcement
A law enforcement officer (at the request of prosecutor or other authorized public official) may take lawful action to locate child or party and assist prosecutor or other public official.
77-o Role of law enforcement
A law enforcement officer (at the request of prosecutor or other authorized public official) may take lawful action to locate child or party and assist prosecutor or other public official.
77-p Costs and expenses
If respondent does not prevail, court may assess against him expenses and costs incurred by prosecutor or other public official or law enforcement officers.
77-p Costs and expenses
If respondent does not prevail, court may assess against him expenses and costs incurred by prosecutor or other public official or law enforcement officers.
