Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 17, 2010 |
referred to judiciary |
Assembly Bill A10301
2009-2010 Legislative Session
Sponsored By
LAVINE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A10301 (ACTIVE) - Details
2009-A10301 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10301 TITLE OF BILL: An act to amend the domestic relations law, in relation to certain orders during divorce proceedings Purpose: To strive to ensure that adult parties to an action to annul or void a marriage, for separation or divorce or for visitation rights, shall refrain from disparaging each other in the presence of their chil- dren or from manipulating their children in an unfair attempt to gain legal advantage. Summary: During an action to annul or void a marriage, for separation or divorce or for visitation rights, the court will issue an order prohibiting the parties from interfering with the parental relationship of the other party. Interference includes failure to live up to court orders, attempts to alienate a child from the other party, making disparaging remarks about the other party in the presence of the child, and general unwillingness to foster a relationship between the child and the other party. The court shall have the discretion to issue such an order in cases of abuse or domestic violence. A violation of this order shall carry with it the sanction of contempt of court. Justification: Children of stormy relationships ought to have the right to be free from the indignity of witnessing their parents disparage each other. They ought as well to have the right to be free from being manipulated to the benefit or detriment of either parent. This provision
2009-A10301 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10301 I N A S S E M B L Y March 17, 2010 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law, in relation to certain orders during divorce 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 1-d to read as follows: 1-D. DURING THE PENDENCY OF ANY ACTION SET FORTH IN SUBDIVISION ONE OF THIS SECTION THE COURT SHALL ISSUE AN ORDER PROHIBITING BOTH PARTIES TO THE LITIGATION FROM INTERFERING WITH THE OTHER PARTY'S PARENTAL RELATIONSHIP. INTERFERENCE SHALL INCLUDE, BUT NOT BE LIMITED TO, FAILURE TO COMPLY WITH COURT ORDERS, EFFORTS TO ALIENATE THE CHILD FROM THE OTHER PARTY, DISPARAGING REMARKS MADE ABOUT THE OTHER PARTY IN THE PRES- ENCE OF THE CHILD, AND GENERAL UNWILLINGNESS TO FOSTER A RELATIONSHIP BETWEEN THE CHILD AND THE OTHER PARTY. THE COURT SHALL HAVE DISCRETION IN ISSUING ORDERS UNDER THIS SUBDIVISION IN CASES OF ABUSE OR DOMESTIC VIOLENCE. ANY VIOLATION OF AN ORDER UNDER THIS SUBDIVISION SHALL BE DEEMED CONTEMPT OF COURT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16467-02-0
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