Authorizes the posting of a bond in custody cases

BILL NUMBER:S2627

Title of bill

An act to amend the domestic relations law and the family court act, in relation to requiring posting of a bond in custody proceedings

Purpose of the bill

This bill would authorize the court to order the posting of a bond in certain custody cases in an attempt to address the serious problem of custodial interference.

Summary of specific provisions

The bill amends the domestic relations law and the family court act to provide that where the court determines that there is a risk that a noncustodial parent may flee with the child, the court may order the noncustodial parent to post a bond to ensure that any child subject to such order is returned to the custodial parent at the end of any visitation period.

Justification

According to the 1990 National Incidence Studies of Missing, Abducted, Runaway and Thrownaway Children, nearly 350,000 children are abducted by family members each year. Abduction of a child whether by a stranger or by a family member is every parent's worst nightmare. Even though the child is with the noncustodial parent, that does not necessarily ensure the health, safety or the well being of the child. Frequently, the child is taken by the noncustodial parent out of revenge and many do not receive the proper care or schooling. Furthermore, the child often suffers psychologically. In addition to the negative consequences for the child, the left-behind parent not only feels helpless, depressed and anxious but also experiences the great financial burden of trying to search for the missing child. Child advocates including the National Center for Missing and Exploited Children recommend that some court orders include a bond provision, which should increase the likelihood of the timely return of children and provide some measure of reassurance to the custodial parent.

Effective date

First of November