Actions

Memo

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

Text

STATE OF NEW YORK
________________________________________________________________________

2627

2011-2012 Regular Sessions

IN SENATE

January 27, 2011
___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 240 of the domestic relations  law  is  amended  by
adding a new subdivision 6 to read as follows:
  6.  POSTING  OF  BOND.  AS  PART OF A CHILD SUPPORT ORDER, IN ANY CASE
WHERE THE COURT REASONABLY DETERMINES  THAT  THERE  IS  A  RISK  THAT  A
NONCUSTODIAL  PARENT  MAY  FLEE,  THE  COURT  MAY ORDER THE NONCUSTODIAL
PARENT TO POST A BOND IN AN AMOUNT DETERMINED BY THE  COURT,  TO  ENSURE
THAT ANY CHILD SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT
AT  THE END OF ANY VISITATION PERIOD PROVIDED FOR THEREIN. THE AMOUNT OF
SUCH BOND SHALL BE BASED UPON ALL THE FACTS AND CIRCUMSTANCES  AVAILABLE
TO THE COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD.
  S  2.  Section  447 of the family court act is amended by adding a new
subdivision (c) to read as follows:
  (C) AS PART OF ANY ORDER UNDER THIS SECTION, IN  ANY  CASE  WHERE  THE
COURT  REASONABLY  DETERMINES  THAT  THERE IS A RISK THAT A NONCUSTODIAL
PARENT MAY FLEE, THE COURT MAY ORDER THE NONCUSTODIAL PARENT TO  POST  A
BOND  IN  AN  AMOUNT  DETERMINED  BY THE COURT, TO ENSURE THAT ANY CHILD
SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT AT THE END  OF
ANY  VISITATION  PERIOD  PROVIDED  FOR  THEREIN. THE AMOUNT OF SUCH BOND
SHALL BE BASED UPON ALL THE FACTS AND  CIRCUMSTANCES  AVAILABLE  TO  THE
COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD.
  S  3.  Section  467 of the family court act is amended by adding a new
subdivision (d) to read as follows:
  (D) AS PART OF A DETERMINATION OF  AN  APPLICATION  PURSUANT  TO  THIS
SECTION, IN ANY CASE WHERE THE COURT REASONABLY DETERMINES THAT THERE IS
A  RISK  THAT  A  NONCUSTODIAL  PARENT MAY FLEE, THE COURT MAY ORDER THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07445-01-1
S. 2627                             2

NONCUSTODIAL PARENT TO POST A BOND IN AN AMOUNT DETERMINED BY THE COURT,
TO ENSURE THAT ANY CHILD SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTO-
DIAL PARENT AT THE END OF ANY VISITATION PERIOD  PROVIDED  FOR  THEREIN.
THE  AMOUNT  OF  SUCH BOND SHALL BE BASED UPON ALL THE FACTS AND CIRCUM-
STANCES AVAILABLE TO THE COURT IN ASSESSING WHAT IS IN THE BEST INTEREST
OF THE CHILD.
  S 4. Section 549 of the family court act is amended by  adding  a  new
subdivision (c) to read as follows:
  (C)  AS  PART  OF  AN  ORDER UNDER THIS SECTION, IN ANY CASE WHERE THE
COURT REASONABLY DETERMINES THAT THERE IS A  RISK  THAT  A  NONCUSTODIAL
PARENT  MAY  FLEE, THE COURT MAY ORDER THE NONCUSTODIAL PARENT TO POST A
BOND IN AN AMOUNT DETERMINED BY THE COURT,  TO  ENSURE  THAT  ANY  CHILD
SUBJECT  TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT AT THE END OF
ANY VISITATION PERIOD PROVIDED FOR THEREIN.  THE  AMOUNT  OF  SUCH  BOND
SHALL  BE  BASED  UPON  ALL THE FACTS AND CIRCUMSTANCES AVAILABLE TO THE
COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD.
  S 5. Section 651 of the family court act is amended by  adding  a  new
subdivision (g) to read as follows:
  (G) AS PART OF ANY DETERMINATION UNDER THIS SECTION, IN ANY CASE WHERE
THE COURT REASONABLY DETERMINES THAT THERE IS A RISK THAT A NONCUSTODIAL
PARENT  MAY  FLEE, THE COURT MAY ORDER THE NONCUSTODIAL PARENT TO POST A
BOND IN AN AMOUNT DETERMINED BY THE COURT,  TO  ENSURE  THAT  ANY  CHILD
SUBJECT  TO SUCH ORDER IS RETURNED TO THE CUSTODIAL PARENT AT THE END OF
ANY VISITATION PERIOD PROVIDED FOR THEREIN.  THE  AMOUNT  OF  SUCH  BOND
SHALL  BE  BASED  UPON  ALL THE FACTS AND CIRCUMSTANCES AVAILABLE TO THE
COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE CHILD.
  S 6. Section 652 of the family court act is amended by  adding  a  new
subdivision (d) to read as follows:
  (D)  IN  ANY DETERMINATION OF AN APPLICATION PURSUANT TO THIS SECTION,
IN ANY CASE WHERE THE COURT REASONABLY DETERMINES THAT THERE IS  A  RISK
THAT  A  NONCUSTODIAL PARENT MAY FLEE, THE COURT MAY ORDER THE NONCUSTO-
DIAL PARENT TO POST A BOND IN AN AMOUNT  DETERMINED  BY  THE  COURT,  TO
ENSURE THAT ANY CHILD SUBJECT TO SUCH ORDER IS RETURNED TO THE CUSTODIAL
PARENT  AT  THE  END  OF ANY VISITATION PERIOD PROVIDED FOR THEREIN. THE
AMOUNT OF SUCH BOND SHALL BE BASED UPON ALL THE FACTS AND  CIRCUMSTANCES
AVAILABLE  TO THE COURT IN ASSESSING WHAT IS IN THE BEST INTEREST OF THE
CHILD.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.