NY Dom Rel L § 77-G (2021)
2021 New York Laws DOM - Domestic Relations Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act Title 3 - Enforcement 77-G - Expedited Enforcement of Child Custody Determination.

§  77-g.  Expedited  enforcement  of child custody determination. 1. A petition under this title must be  verified.  Certified  copies  of  all orders  sought  to  be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.   2. A petition for enforcement of a child  custody  determination  must state:  (a)  whether  the  court  that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction  and,  if so, what the basis was;  (b) whether the determination for which enforcement is sought has been vacated,  stayed, or modified by a court whose decision must be enforced under this article and, if so, identify the court, the case number,  and the nature of the proceeding;  (c)  whether  any  proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, child abuse or  neglect,  protective  orders,  termination  of  parental rights,  and  adoptions and, if so, identify the court, the case number, and the nature of the proceeding;  (d) the present physical address of the child and the  respondent,  if known;  (e)  whether  relief  in addition to the immediate physical custody of the child and  attorney's  fees  is  sought,  including  a  request  for assistance from law enforcement officials and, if so, the relief sought; and  (f)  if  the  child  custody  determination  has  been  registered and confirmed under section seventy-seven-d of  this  title,  the  date  and place of registration.   3.  Upon  the  filing  of  a  petition, the court shall issue an order directing the respondent to appear in person with or without  the  child at  a  hearing within three court days and may enter any order necessary to ensure the safety of the parties and the child. The hearing  must  be held  not  more  than three court days after the filing of the petition, provided that the petition has been served  not  less  than  twenty-four hours  prior to the hearing. Service may be by any means directed by the court pursuant to section three hundred eight of the civil practice  law and rules. The court may extend the date of the hearing briefly for good cause shown or upon the request of the petitioner.   4.  An order issued under subdivision three of this section must state the time and place of the hearing and advise the respondent that at  the hearing  the  court  will  order  that the petitioner may take immediate physical custody of the child  and  the  payment  of  fees,  costs,  and expenses under section seventy-seven-k of this title, and may schedule a hearing  to  determine whether further relief is appropriate, unless the respondent appears and establishes that:  (a) the child  custody  determination  has  not  been  registered  and confirmed under section seventy-seven-d of this title and that:  (1)  the  issuing  court  did not have jurisdiction under title two of this article;  (2) the child custody determination for which  enforcement  is  sought has  been vacated, stayed, or modified by a court having jurisdiction to do so under title two of this article or that enforcement would  violate subdivision  one-c  of  section  two  hundred  forty  of this chapter or section one thousand eighty-five of the family court act;  (3) the respondent was entitled to notice, but notice was not given in accordance with the standards of section seventy-five-g of this article, in the proceedings before the court that  issued  the  order  for  which enforcement is sought; or  (b)  the  child  custody determination for which enforcement is sought was registered and  confirmed  under  section  seventy-seven-c  of  this title,  but  has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under title two of this article.