Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
98 Jill M. Zuccardy 32. Pursuant to Family Court Act § 1056, the Family Court may issue an order of protection against a person who is not the father of subject child, until the child’s eighteenth birthday. Some courts also have permitted or upheld orders of that duration even if the respondent is the biological father. See Matter of A.G., 253 AD2d 318 (1st Dept 1999); Matter of Victoria H., 255 AD2d 442 (2d Dept 1998); Matter of CSS o/b/o Kanisha W., 233 AD2d 325 (2d Dept 1996). 33. Nicholson v Scoppetta, 3 NY3d 357 (2004). 34. Family Court Act § 1046(b)(i). 35. Family Court Act § 1012(f)(i)(B). 36. Family Court Act § 1012(h). 37. Nicholson v Scoppetta, 3 NY3d 357 (2004). 38. Family Court Act § 1012(h). 39. Nicholson v Scoppetta, 3 NY3d 357 (2004). 40. See In re H/R Children, 302 AD2d 288 (1st Dept 2003); Nicholson v Williams, 203 F Supp 2d 153 (EDNY 2003). 41. Family Court Act § 1051(c). 42. Family Court Act § 1011. 43. County Law § 722-c. 44. Family Court Act § 1051(c). 45. Family Court Act § 1051(a). 46. Family Court Act § 1046. 47. The Greenbook, http://www.thegreenbook.info/documents/greenbook.pdf, and the Minnesota Center Against Violence and Abuse, http://www.mincava.umn.edu/, are excellent starting points.
This article is a practical guide for attorneys litigating custody cases in New York State in which the client, typically the mother of the child or children, is a victim of abuse and has fled either to or from New York. Specifically, this article addresses several questions commonly asked by clients: Can I leave New York with my children and, if so, what happens if the abuser files a custody case in New York? Can I file for custody in New York even though I recently moved here from another state? Could I or my abuser be charged with kidnapping if one of us leaves with the child without the court’s permission? and What do I do if he takes the child out of the country? 7 Moving On: UCCJEA, The Hague Convention, and Relocation by Liberty Aldrich and Lauren Shapiro These are complicated areas of practice and each case has to be carefully analyzed on its own particular facts. To help advocates begin that analysis, the first part of this article, “Applicable Law,” provides a brief synopsis of each of the critical applicable laws, including the the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Hague Convention and the New York State Penal Code’s kidnapping statue. “Escaping Violence” addresses some common scenarios and covers critical paternity issues and New York’s relocation case law.
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98 Jill M. Zuccardy<br />
32. Pursuant to Family <strong>Court</strong> Act § 1056, the Family <strong>Court</strong> may issue an order<br />
of protection against a person who is not the father of subject child, until<br />
the child’s eighteenth birthday. Some courts also have permitted or upheld<br />
orders of that duration even if the respondent is the biological father. See<br />
Matter of A.G., 253 AD2d 318 (1st Dept 1999); Matter of Victoria H.,<br />
255 AD2d 442 (2d Dept 1998); Matter of CSS o/b/o Kanisha W., 233 AD2d<br />
325 (2d Dept 1996).<br />
33. Nicholson v Scoppetta, 3 NY3d 357 (2004).<br />
34. Family <strong>Court</strong> Act § 1046(b)(i).<br />
35. Family <strong>Court</strong> Act § 1012(f)(i)(B).<br />
36. Family <strong>Court</strong> Act § 1012(h).<br />
37. Nicholson v Scoppetta, 3 NY3d 357 (2004).<br />
38. Family <strong>Court</strong> Act § 1012(h).<br />
39. Nicholson v Scoppetta, 3 NY3d 357 (2004).<br />
40. See In re H/R Children, 302 AD2d 288 (1st Dept 2003); Nicholson v<br />
Williams, 203 F Supp 2d 153 (EDNY 2003).<br />
41. Family <strong>Court</strong> Act § 1051(c).<br />
42. Family <strong>Court</strong> Act § 1011.<br />
43. County Law § 722-c.<br />
44. Family <strong>Court</strong> Act § 1051(c).<br />
45. Family <strong>Court</strong> Act § 1051(a).<br />
46. Family <strong>Court</strong> Act § 1046.<br />
47. The Greenbook, http://www.thegreenbook.info/documents/greenbook.pdf,<br />
and the Minnesota Center Against Violence and Abuse,<br />
http://www.mincava.umn.edu/, are excellent starting points.
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