New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter IV - Forms of the Family Court of the State of New York and Adoption Forms of the Family Court of the State of New York (cf. s205.7) › Subchapter A - Forms Authorized by Section 205.7 › Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Forms › Form UCCJEA-6 - Warrant to arrest party and take physical custody of child - UCCJEA

Current through Register Vol. 46, No. 28, July
					 10, 2024
DRL § 77-j Form UCCJEA-6
(Warrant to Arrest Party and Take
Physical Custody of Child--UCCJEA)
8/2002
FAMILY COURT OF THE STATE OF NEW
						YORK
COUNTY OF
________
In the Matter of a Proceeding for
Custody Visitation under the Uniform Child
						Custody
Jurisdiction and Enforcement Act Docket
						No.
WARRANT TO ARREST PARTY
AND TAKE PHYSICAL CUSTODY
OF CHILD--UCCJEA
Petitioner(s)
-against-
Respondent(s)
________
IN THE NAME OF THE PEOPLE OF THE STATE OF
						NEW YORK
TO ANY POLICE OFFICER:
A petition having been filed in this Court
						for an order of [check applicable box(es)]: custody visitation or for
						modification enforcement of an order of custody or visitation, pursuant to the
						Uniform Child Custody Jurisdiction and Enforcement Act [Domestic Relations Law
						Art. 5-A], a copy of which petition is annexed hereto, and this Court having
						considered the petition and the testimony of Petitioner and other witnesses, if
						any, as well as other evidence adduced, the Court finds that a warrant is
						necessary based upon the following facts [check applicable box(es)]:
the child is or the children are likely to
						suffer imminent physical harm because [specify]:
the child is or the children are likely to
						be removed from this state because [specify]:]
YOU ARE THEREFORE COMMANDED forthwith to
						arrest [specify name(s)]: and bring such person(s) before this Court to be
						dealt with according to law.
YOU ARE FURTHER COMMANDED to bring before
						this Court the following child or children, who are located at the address
						below or at any other place where you may find such child or children:
Name(s) Date(s) of Birth Location
YOU ARE FURTHER COMMANDED THAT once the
						child(ren) (is)(are) in custody you must deliver the child(ren) to [check
						applicable box]: the Petitioner [specify name]: at the following location
						[specify]:
Other [specify]:
Form UCCJEA-6 Page 2
Where necessary, you may act jointly with
						the local child protective service to take immediate steps to protect the
						child(ren);
YOU ARE FURTHER COMMANDED THAT [check
						applicable box(es)]:
in conjunction with the local child
						protective service, the child(ren) shall be placed pending final relief as
						follows [specify]:
the following conditions are necessary to
						ensure the appearance of the child(ren) and the child(ren)'s custodian
						[specify]:
THIS WARRANT [check applicable
						box(es)]:
may may not be executed by entering
						private property[FN1]
may may not be executed on Sunday.
may may not be executed at
						night.[FN2]
is subject to the following restriction(s)
						[specify]:
BAIL IN THE SUM OF ($) DOLLARS IS
						RECOMMENDED.
Dated:,.
_______________
JUDGE OF THE FAMILY COURT
Family Court Act § 155(1) provides
						that: "If an adult respondent is arrested under this act when the family court
						is not in session, he or she shall be taken to the most accessible magistrate
						and arraigned. The product of a warrant issued by the family court, a
						certificate of warrant, a copy or a certificate of the order of protection, or
						temporary order of protection, in order of protection or temporary order of
						protection, or a record of such warrant or order from the statewide computer
						registry established pursuant to section
						221-a of the
						executive law shall be evidence of the filing of an information, petition or
						sworn affidavit, as provided in section 154-d of this article. Upon
						consideration of the bail recommendation, if any, made by the family court and
						indicated on the warrant or certificate of warrant, the magistrate shall
						thereupon commit such respondent to the custody of the sheriff, as defined in
						subdivision 35 of section
						1.20 of
						the criminal procedure law, admit to, fix or accept bail, or parole him or her
						for hearing before the family court, subject to the provisions of subdivision
						four of section
						530.11 of the criminal procedure law
						concerning arrests upon a violation of an order of protection."
Family Court Act § 155-a provides
						that: "A desk officer in charge at a police station, county jail or police
						headquarters, or any of his or her superior officers, may, in such place, take
						cash bail for his or her appearance before the appropriate court the next
						morning from any person arrested pursuant to a warrant issued by the family
						court; provided that such arrest occurs between eleven o'clock in the morning
						and eight o'clock the next morning, except that in the city of New York bail
						shall be taken between two o'clock in the afternoon and eight o'clock the next
						morning. The amount of such cash bail shall be the amount fixed in the warrant
						of arrest."
NOTICE TO RESPONDENT PARENT(S) IN CHILD
						ABUSE OR NEGLECT CASES: PLACEMENT OF YOUR CHILD IN FOSTER CARE MAY RESULT IN
						YOUR LOSS OF YOUR RIGHTS TO YOUR CHILD. IF YOUR CHILD STAYS IN FOSTER CARE FOR
						15 OF THE MOST RECENT 22 MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A
						PETITION TO TERMINATE YOUR PARENTAL RIGHTS AND MAY FILE BEFORE THE END OF THE
						15 MONTH PERIOD. IF SEVERE OR REPEATED ABUSE IF PROVEN BY CLEAR AND CONVINCING
						EVIDENCE, THIS FINDING MAY CONSTITUTE THE BASIS TO TERMINATE YOUR PARENTAL
						RIGHTS.
[FN1] Requires a finding that a less
						intrusive remedy would not be effective.
[FN2] Requires a finding that exigent
						circumstances require execution of the warrant at any hour in order to protect
						the children.