What's happening
This bill requires court custody and visitation orders to specify if law enforcement can remove children to enforce those orders.
Why it matters
Clarifies Law Enforcement’s Role. By requiring custody and visitation orders to explicitly state whether police are authorized to physically remove children, the bill removes ambiguity for families, courts, and law enforcement, potentially reducing traumatic or wrongful removals.
Increases Transparency and Accountability. All parties involved—parents, attorneys, and law enforcement—will have clear documentation of the court’s intent, minimizing confusion and disputes about what officers can and cannot do.
Protects Children’s Well-being. The explicit requirement aims to ensure that law enforcement intervention is only used when truly authorized by the court, potentially reducing unnecessary involvement of police in family matters and safeguarding children from abrupt or distressing enforcement actions.
Aligns Court Practice Statewide. By standardizing this language in all relevant orders, the bill promotes consistency in how custody and visitation decisions are enforced across New York, making it less likely for enforcement practices to vary by county or judge.
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Who cares
Headline styles
Clarify Police Role in Custody
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Clarify Police Role in Custody
In Assembly Committee · Judiciary · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4955
2019-2020 Regular Sessions
IN SENATE
April 2, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the family court act, in relation to the removal of children by orders of custody
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 4 of subdivision (e) of section 651 of the family court act, as amended by chapter 295 of the laws of 2009, is amended to read as follows:
4. Notifying counsel and issuing orders. Upon consideration of decisions pursuant to article ten of this act, and registry reports and notifying counsel involved in the proceeding, or in the event of a selfrepresented party, notifying such party of the results thereof, including any court appointed attorney for children, the court may issue a temporary, successive temporary or final order of custody or visitation. Such orders shall state whether law enforcement is authorized to remove the child or children in order to comply with and enforce said orders.
§ 2. Subdivisions (a) and (b) of section 652 of the family court act, as amended by chapter 40 of the laws of 1981, are amended to read as follows:
(a) When referred from the supreme court to the family court, the family court has jurisdiction to determine, with the same powers possessed by the supreme court, applications to fix temporary or permanent custody and applications to modify judgments and orders of custody or visitation in actions and proceedings for marital separation, divorce, annulment of marriage and dissolution of marriage. Applications to modify judgments and orders of custody may be granted by the family court under this section only upon the showing to the family court that there has been a subsequent change of circumstances and that modification is required. Such determinations, including modifications of judgments or orders of custody, shall state whether law enforcement is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10822-01-9
S. 4955 2
authorized to remove the child or children in order to comply with and enforce court judgments or orders.
(b) In the event no such referral has been made and unless the supreme court provides in the order or judgment awarding custody or visitation in an action for divorce, separation or annulment, that it may be enforced or modified only in the supreme court, the family court may: (i) determine an application to enforce the order or judgment awarding custody or visitation, or (ii) determine an application to modify the order or judgment awarding custody or visitation upon a showing that there has been a subsequent change of circumstances and modification is required. Such determinations, including modifications of judgments or orders of custody, shall state whether law enforcement is authorized to remove the child or children in order to comply with and enforce court judgments or orders.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to the removal of children by orders of custody
Purpose or general idea of bill
To require that Family Court judges specify whether law enforcement can forcibly take a child when there is an order that changes custody, either permanent or temporary.
Summary of specific provisions
Section one amends section 651(e)(4) of the Family Court Act to require that an order changing permanent or temporary custody must state whether law enforcement is authorized to remove the child or children in order to comply with the order.
Section two amends section 652 (a) and (b) of the Family Court Act to require that an order or judgment modifying permanent or temporary custody in a matrimonial action shall clarify whether the law enforce- ment is authorized to remove the child in order to comply with the order.
Section three provides the effective date.
Justification
Recently, a horrific tragedy occurred in Westchester County when a two year old child was killed, allegedly murdered by her mother. The night before the toddler's death, police officers had arrived at the mother's residence with an order changing custody of the child from the mother to the father, but the order was written in such away that the police did not believe that they could forcibly remove the child from the home. When the mother refused to give the child to police, child services were called, and other law enforcement agencies. By the next morning, the child was dead.
This bill seeks to avoid this terrible tragedy from being repeated by inserting language into the existing law that requires family court judges to specify how police should act in carrying out any orders and judgments changing custody, whether temporary or permanent. Any order that changes custody, either temporary or permanent, must clarify wheth- er law enforcement is authorized to take the child. The purpose is to provide clarity to law enforcement in these difficult situations, so that both the police and the litigants know what the police may or may not do.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.