Order For Service Of Notice Of Proceeding {UCCJEA-5}

DRL §75-g Form UCCJEA-5 (Order for Service of Notice of Proceeding­ UCCJEA) (8/2010) 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. ORDER FOR SERVICE OF NOTICE OF PROCEEDING ­ UCCJEA Petitioner - against Respondent. ................................................................................................ A petition having been filed in this Court under the Uniform Child Custody Jurisdiction and Enforcement Act [Domestic Relations Law Art. 5-A], concerning the custody visitation of the following child(ren): Name(s) of Child(ren) Date(s) of Birth And it appearing that [specify]: cannot be personally served with notice of this proceeding within the State of New York, and It further appearing that the [specify]: is a parent or person acting as a parent who is entitled to notice of this proceeding pursuant to section 75a(12) or 75-a(13) of the Domestic Relations Law, it is ORDERED, that notice of this proceeding, together with a copy of the petition filed in this Court, shall be served upon [specify]: [Check applicable box]: by personal delivery outside the state in the manner prescribed in section 313 of the Civil Practice Law and Rules; by certified mail, return receipt requested; by [specify]: ; and it is further American LegalNet, Inc. www.FormsWorkFlow.com Form UCCJEA-5 Page 2 ORDERED, that such service shall be completed [check applicable box]: at least twenty (20) days prior to any hearing held in the State of New York not later than [specify]: ; and it is further ORDERED that [specify]: . PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST. Dated: ENTER Judge of the Family Court. Check applicable box: Order mailed on [specify date(s) and to whom mailed]:_______________________ Order received in court on [specify date(s) and to whom given]:_________________ INSTRUCTIONS REGARDING SERVICE Service of a copy of this Order to Show Cause, together with the papers upon which it is granted, by personal delivery requires delivery to the Respondent(s) by a person over the age of 18, who is not the Petitioner or any other party to the action, or by an attorney or other person authorized in the Respondents' State to serve papers. Personal delivery may also be made to a "person of suitable age and discretion" at the actual or "usual" residence or actual place of business, in which case the Order to Show Cause and papers must also be mailed by First Class mail to the Respondent(s)' last known residence or (in an envelope marked "personal and confidential") to the Respondent(s)' actual place of business. An affidavit of service, sworn to by the person who served the documents, must be filed with this Court that describes the date, time and place of service and identifies the person to whom service was made. If service by mail is authorized by this Order, service must be by certified mail with a return receipt requested. A return receipt signed by the addressee, an affidavit of service or other proof of service authorized in the Respondents' State must be filed with this Court. See Domestic Relations Law §75-g; Civil Practice Law and Rules 308, 313. American LegalNet, Inc. www.FormsWorkFlow.com